Abstract

In accordance with the provisions of the Act on proceedings before administrative courts of 30 August 2002 (hereinafter PrPSA), in judicial administrative proceedings the party dissatisfied with the final adjudication pronounced by a Voivodship Administrative Court may file a cassation appeal to the Supreme Administrative Court. The appeal has to be filed through an advocate or legal councillor since the PrPSA provides for obligatory assistance by a lawyer for a cassation appeal. If the party uses the services of a court appointed lawyer for filing the cassation appeal, doubts arise with respect to the PrPSA as to counting the time limit for filing a cassation appeal by a legal councillor or an advocate representing the appellant and appointed under the right of assistance. Usually, a legal councillor or an advocate is notified of having been appointed a legal counsel in such case after the expiration of the time limit for filing a cassation appeal, counted pursuant to the PrPSA from the date of delivery of a copy of the adjudication together with the statement of the grounds to the party. In such case, instead of a 30-day time limit for filing an appeal, the counsel must request reinstatement of the time limit for filing an appeal, while keeping the 7-day time limit for this request and at the same time for the appeal, which must be filed together with the request. Against this background, there is an established jurisdiction of administrative courts which sanctions the unequal legal situation of the counsel appointed by court under the right of assistance as compared with the counsel of choice. In the light of the Constitution and the principles of administration of the law such a position should be deemed incorrect. The procedural situation of the counsel appointed for the party under this procedure may not be worse than of the counsel of choice save with regard to the appointment procedure. Therefore, there is a need to amend the PrPSA to the extent already done in the civil procedure, i.e. providing a counsel acting under the right of assistance with a 30-day time limit for the preparation and filing of a cassation appeal, counted from the date of delivery to the counsel of a copy of the adjudication pronounced by a Voivodship Administrative Court together with the statement of the grounds.