Usprawnienie współdziałania organów na przykładzie instytucji posiedzenia w trybie współdziałania z art. 106a k.p.a.

Abstract

Amendments on the subject institution were inspired by modifications in Italian law. It appears to be a novelty in the polish legal system so large amount of doubts is present during discussion upon changes. Regulation of section 106 Administrative Procedure Code is procedural regulation of substantive law’s institution, which is cooperation of public administration bodies. Duty of cooperation appears when special provision obligates authority which directs main procedure to request another body, often specialised, to express standpoint, before it renders decision. However, loads of institutions involved in consultation did not share legislator’s enthusiasm about upgrading quality and speed of procedure. As an example of modification is addition of section 106a Administrative Procedure Code, on behalf of institution directing main the procedure is able to call a conference with body obligated to express a statement ex officio or upon the request of a litigant. During the conference called body is forced to take a stance. Undoubtedly applying shown modifications is the right step to upgrade procedure, which is confirmed by numerous authorities. However, it is unsettled if form chosen by legislator is going to be efficient in preventing delays in the procedure.