Monitor Prawniczy

no. 6/2023

Legal fiction of delivery to the address for electronic deliveries in general administrative proceedings - selected issues

Tomasz Kosicki
Autor jest asystentem w Zakładzie Prawa Administracyjnego, Instytut Nauk Prawnych Polskiej Akademii Nauk
Abstract

In general administrative proceedings, the service of documents plays an important role not only because of its impact on its course, but also on the implementation of the procedural rights of the parties. These issues gained particular importance after the entry into force of the provisions of the Act of 18 November 2020 on electronic deliveries, which not only modified the previously applicable provisions of the Code of Administrative Procedure of 14 June 1960, but also introduced solutions so far unknown to Polish law. This, in turn, arouses many questions and interpretational doubts, primarily due to the long transition period and a kind of legal dualism, after which the “e-delivery system” will have priority over traditional delivery. The purpose of this study is to discuss the issue of the legal fiction of electronic delivery and the structure of the obligation to notify a public administration body of a change of address for electronic deliveries, as well as to assess to what extent the views of literature and administrative case-law developed under the existing legal regulations have remained valid.

Keywords
electronic delivery, address for electronic deliveries, database of electronic addresses, legal fiction of delivery, general administrative proceedings