Wybrane problemy dotyczące decyzji administracyjnych doręczanych drogą elektroniczną
Selected problems relating to administrative decisions delivered by electronic means
Languages of publication
The Code of Administrative Procedure in its already over 50-years’ history has undergone many alterations. At present a successive one is being carried out, which aims at enriching the procedure with the institution of electronic communication. Its introduction similarly as another one novum in the scope of law, has met with a series of doubts, dissipating of which has been burdened on doctrine and judicature. A part of them refers to serving administrative decisions by electronic means. The subject of the elaboration will be explanation of key problems connected with the electronic communication used at the stage of making a decision. The discussed subject matter will include both indication to the correct administrative practice, as well as errors made by organs determining individual cases and to sanctions connected with them. Main considerations will be preceded by initial notes concerning admissibility of the electronic communication in administrative proceedings and an attempt to create a coherent and internally consistent nomenclature concerning basic expressions functioning in the range of the discussed problems. Moreover, the subject matter undertaken in the elaboration will be supplemented by presenting attitudes of the leading voices of the doctrine and arguments contained in selected adjudications of administrative courts.
Publication order reference