Since when are decisions on Polish citizenship final? – significant changes in regulations
On May 12, 2023, the Act of January 26, 2023 amending acts to eliminate unnecessary administrative and legal barriers (Journal of Laws of 2023, item 803) entered into force, which introduced a significant amendment to the provisions of the Code of Administrative Procedure (i.e. Journal of Laws of 2023, item 775, as amended; hereinafter referred to as the Code of Administrative Procedure). In art. 127 k.p.a. Paragraph 1a has been added, pursuant to which administrative decisions issued in the first instance, the justification of which was waived due to the full acceptance of the party's request, are final. This constitutes an important change in the case of decisions confirming Polish citizenship or decisions on recognition as Polish citizens, which, pursuant to the above-mentioned amendment, will be final from the moment of their issuance. In practice, this means that the party will not be forced to wait for the deadline for filing an appeal to expire or to waive the right to appeal within that deadline for the decision to become final.
Such a change constitutes a departure from the principle of two-instance administrative proceedings. It should be noted, however, that in principle a party is not interested in appealing against a decision in accordance with its own request, so making the decision final upon its issuance may contribute to streamlining the proceedings.
and ensuring that the party can more quickly exercise the rights obtained on the basis of the decision in question. It should also be emphasized that the above-mentioned amendment does not deprive the party of the right to file a complaint to the administrative court.
Importantly, the amending Act contains transitional provisions that specify what regulations should be applied to proceedings initiated and not completed before its entry into force. The existing provisions will apply to such proceedings and the decisions issued during them. In practice, this means that in cases of confirmation of Polish citizenship and recognition as a Polish citizen, in which administrative proceedings began before May 12, 2023, decisions issued in the first instance will be final only upon the expiry of the deadline for filing an appeal against them or upon delivery to the authority of the party's declaration of waiving the right to appeal.
Justyna Dabrowska
