Pursuant to the COVID-19 Counter-Proliferation Act (hereinafter referred to as the “Special Act”), during the period of the state of epidemic emergency, the time limits in judicial and administrative proceedings shall not commence, and those commenced shall be suspended for that period.
The following time limits shall be suspended:
- Time limits, when meeting a deadline depends on a legal protection before a court or authority;
- Time limits for a party to perform actions forming its rights and obligations;
- Limitation periods;
- Time limits when not meeting the deadline causes expiration or modification of material rights, claims, and receivables, as well as falling into delay;
- Deadlines, the non-observance of which entails negative consequences for a party;
- Deadlines for entities or organizational units subject to registration in the competent register to perform actions that result in the obligation to report to that register, as well as deadlines for entities to perform their obligations under the provisions on their regime.
Examples of such deadlines are those established in the Code of Administrative Procedure or the Law on Proceedings before Administrative Courts:
- Applicable to the party of the proceedings:
- 7- day time limit for filing a complaint;
- 14- day time limit for filing a complaint;
- 30- day time limit for filing a complaint to the administrative court;
- Imposed on public administration bodies for consideration of cases:
- For cases that require an administrative investigation – one month from the date of initiation of proceedings;
- In the case of particularly complicated cases requiring an investigation – no later than two months from the date of the initiation of proceedings;
- In the case of appeal proceedings – one month from the date of receipt of the appeal;
Non-consideration of cases due to suspension of time limits.
As a result of the suspension of the application of the provisions establishing time-limits, which the parties and authorities are obliged to meet, the parties have lost the ability to assert their rights on account of inaction or procrastination and their right to have cases heard without undue delay
These regulations may halt any action in proceedings conducted by administrative authorities and administrative courts. Letters, motions, complaints, etc. filed by parties or participants in proceedings during the state of emergency or epidemic will not be examined and public administration bodies will not suffer any negative consequences.
Quicker resolution depends on the will of the office.
The provisions of the Special Act provide that actions performed in the period of suspension of commencement or suspension of time limits are effective.
A party or participants to the proceedings are obliged to perform actions specified in the request if failure to take such actions could result in danger to life or health, serious damage to the public interest, or threat of irreparable material damage, this also applies to public administration bodies who have been requested to take a stand on a matter which is a subject of the proceedings.
Accordingly, ex officio decisions may be issued:
- Decisions granting in full the request of a party or participant in the proceedings,
- Certificates stating that there are no grounds for filing an objection.
Examples of decisions fully accepting the request of a party or participant to the proceedings are:
- Decision on the permission to use;
- Decision on the transfer of the construction permit;
A party is entitled to file an appeal against an administrative decision. The decision shall not be enforced before the lapse of the time limit for lodging an appeal. However, if it is in accordance with the demand of all parties, it is enforceable before the expiration of this deadline.
Thus, there are no impediments to cases that are in accordance with the demand of the parties to be resolved.