Monitor Prawniczy

no. 16/2022

Discontinuance of administrative proceedings by operation of law – comments in relation to the amendment of Art. 156 and 158 of the Code of Administrative Procedure

DOI: 10.32027/MOP.22.16.1
Piotr Gołaszewski
Autor jest asystentem w Katedrze Prawa i Postępowania Administracyjnego, WPiA Uniwersytetu Warszawskiego; ORCID: 0000-0001-8126-0629.
Abstract

The article discusses the issue of discontinuance of administrative proceedings by operation of law in relation to the amendment of Art. 156 and 158 of the Code of Administrative Procedure, which provides for the application of this exceptional construction for resolution of the case (ending the proceedings) otherwise than by issuing a decision within the meaning of Art. 104 § 1 in fine of the Code of Administrative Procedure. The article is aimed at showing that if administrative proceedings are discontinued ex lege, no (constitutive or declaratory) decisions are issued, which would order discontinuance and thus lead to ending the proceedings.