As a rule, the deadline that public authorities have to handle your case is set out in Art. 35 of the Code of Administrative Procedure, which stipulates that the settlement of an administrative matter should take place immediately, but not later than within one month of the initiation of the proceedings. In the case of a particularly complex case, the deadline is two months.
A public administration body is obliged to provide any non-resolution within a time limit, in accordance with art. 36 § 1 of the Code of Civil Procedure, notify the parties. In the notification, the authority must state the reasons for the delay, indicate a new date for settling the case and advise on the right to submit a reminder. The obligation to notify the parties about the failure to settle the matter within the deadline lies with the authority, even if the deadline was exceeded for reasons beyond the control of the authority.
Due to the fact that in practice of administrative proceedings, unfortunately, the length of proceedings is delayed too often, the right to make a reminder (and in the event of its ineffectiveness – a complaint about lengthiness) is a key mechanism by which a party can claim its rights to settle the case without unnecessary corpse.
The reminder is regulated in art. 37 of the Code of Administrative Procedure, which states that a party has the right to make a reminder in the event of failure to settle the matter within the time limit specified in art. 35 of the Code of Civil Procedure or in the one specified in art. 36 § 1 of the Code of Civil Procedure, in addition, a party is entitled to a reminder if the proceedings are conducted for longer than necessary to settle the case. The second condition can also be met when the authority has settled the matter on time, but for example, due to the simplicity of the case, it could have settled it faster.
The reminder is filed with the higher authority through the authority that conducts the proceedings (or to the authority conducting the proceedings if there is no higher authority). The reminder should include the justification, i.e. in this case it should be indicated that the body was inactive or the proceedings were excessive (e.g. by exceeding the deadline). The body to which the reminder has been submitted has an obligation
In the event that the reminder fails, the party may complain of inaction or protracted handling of the case to the Provincial Administrative Court competent for the seat of the authority. It should be pointed out that the requirement to lodge a complaint is that all the appeals must be exhausted (i.e. a reminder). If the Court finds the complaint to be well founded, it sets a time limit for the authority to consider the case and (if it considers that the length has taken place in gross violation of the law), it may award compensation to the party.
