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
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.