Receiving a negative decision from a public authority doesn’t mean the end of the process. In Poland, you have the right to appeal most administrative decisions. This means you can ask a higher authority to review your case and correct the decision in your favour. Acting on time and following the proper procedure can improve the outcome of your case.
The right to appeal is a basic constitutional right
The basic source of this right is the Constitution of the Republic of Poland. Article 78 of the Constitution states that:
“Each party has the right to appeal against decisions and judgments issued at first instance.”
The constitutional right to appeal is implemented in everyday practice by the Code of Administrative Procedure [Kodeks postępowania administracyjnego].
Article 127 of the Code of Administrative Procedure states that:
§ 1 As a rule, a party has the right to appeal against a decision issued at first instance.
§ 2 An appeal is examined by a higher-level authority, unless a specific provision provides otherwise.
This means that anyone directly affected by a decision issued by a public authority has the right to have the case reviewed again by a higher-level authority (meaning that the appeal process is handled by a different authority).
Limitations to this right are allowed only if they are clearly provided for by law (and they are quite rare).
This constitutional principle protects individuals against mistakes and arbitrariness in administrative proceedings.
There are some exceptions to this rule, but they are very rare. One of them is a decision regarding refusal to grant citizenship by the president.
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Can filing an appeal make your situation worse?
Under Polish administrative law, when you file an appeal, the higher authority cannot make your situation worse just because you appealed. This is guaranteed by Article 139 of the Polish Code of Administrative Procedure (KPA), that states: „The appellate authority may not issue a decision that is unfavorable to the appellant, unless the contested decision flagrantly violates the law or the public interest.”
The law allows an exception only in very rare cases, when the original decision clearly violated the law or the public interest.
This rule exists to make sure that everyone can exercise their right to appeal without fear of negative consequences. It protects your rights and ensures that authorities review your case fairly and objectively. In worse case scenario, your appeal will be dismissed and the old decision will stay as it is.
Also, it is worth noting that unlike in some legal cultures where challenging an authority is discouraged, in Poland filing an appeal is a normal and accepted part of administrative proceedings. It is both culturally accepted and legally standard practice. It is not seen as confrontational or disrespectful, so no clerk should “take it personally”.
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How much time you have to appeal?
The first and foremost thing to consider is that you have a deadline to appeal.
If you don’t submit the appeal before the deadline is up, then it is no longer possible and any late appeal will be rejected. You can submit a request to restore the deadline, but this requires you to prove circumstances that made it impossible to submit it (and in the Polish legal practice, this is often not easy).
The standard deadline to appeal a decision is 14 days since the day it’s been received. This is a deadline for most decisions, such as the decision regarding a residence permit or the decision regarding recognition as a Polish citizen.
However, there are exceptions to this rule and some types of decisions have a different deadline – for example in the event that a foreigner is staying in Poland illegally, the decision regarding the obligation to leave Poland can only be appealed within 7 days.
Also, some administrative acts are rulings [postanowienie] rather than decisions. For them, the deadline to appeal is 7 days by default. An example of such a ruling is the refusal to restore a deadline.
There are exceptions to this rule – for example the ruling regarding a refusal to grant a work permit has the deadline of 14 days.
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What are the requirements to appeal?
When you decide to appeal an administrative decision or ruling in Poland, your appeal must meet certain formal requirements to be accepted and properly reviewed.
First, the appeal should be written in Polish or at least have a sworn translation provided.
Even though the appeal process will be handled by a different, higher-level authority, the appeal letter should be submitted to the same authority that issued the decision.
The letter should clearly identify the parties involved, which means you need to provide your full name and, if relevant, the name of your organization or company, along with your contact information or address for correspondence.
Next, your appeal must specify which decision or ruling you are challenging. Include the date of the decision and the authority that issued it. You should clearly state that you are appealing and indicate whether you want the decision to be changed or revoked.
It is also important to explain the reasons for your appeal. This means presenting the facts, evidence, or legal arguments that support your position and explain why you believe the decision was incorrect.
It is best to include arguments in your appeal that point to specific legal provisions that were violated and explain how the decision violates them.
Every appeal must be signed and dated, and you should attach any relevant documents that support your arguments, especially those mentioned in your reasoning. The appeal is then submitted to the competent appellate authority, usually the Voivode or another higher administrative authority. Depending on the rules of the office, it can be submitted in person, by post, or sometimes electronically.
Do you need professional assistance with appealing a negative decision?
Feel free to contact us and take advantage of our services.