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The amendment of the Code of Administrative Procedure from 1 June 2017

On 1 June 2017 an amendment to the Code of Administrative Procedure entered into force. The main intention of the amendment introduced by the Act of 7 April 2017 is to accelerate administrative proceedings through the tacit settlement (article 122a) and simplified proceedings (Article 163b in conjunction with article 35 § 3a).

Tacit settlement will mean that the parties' claims will be fully taken into consideration by the authority if the relevant conditions are met. This means that if the authority does not issue a decision or order to terminate the proceedings within one month of the date of service of the party's request or fails to lodge a decision by that party, the party's request shall be upheld entirety.

On the other hand, with respect to the new rules for simplified proceedings, as of June 1, 2017, the party has the opportunity to file a request for initiation of proceedings on a special form. In addition, the party submitting the letter is required to show the circumstances that will be relevant to the case and to present all the evidence and claims, since the initiation of new claims is unacceptable.

It is also worth adding that according to the new Art. 35 § 3a settlement of a case in simplified proceedings should be made immediately, not later than one month from the date of initiation of proceedings.

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