Supreme Court voids administrative decision for violating right to court by misapplying procedural rules.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland voided the Supreme Administrative Court's decision regarding a building permit for a heritage site. The applicants argued that the lower court incorrectly applied Article 106 of the Administrative Procedure Code instead of Article 27 of the Cultural Heritage Protection Act, thereby depriving them of judicial review. The court held that the heritage authority's decision constitutes a substantive ruling on rights and obligations, not merely an opinion, and thus must be reviewed as a final administrative decision.
Legislator headnote
AI generatedArt. 27 of the Law on Protection of Cultural Heritage and Museums; Art. 106 of the Administrative Procedure Code: A decision by a heritage conservation officer regarding building permits in protected objects constitutes a substantive administrative decision granting rights, not a mere opinion, and therefore cannot be issued under the expedited procedure of Article 106 of the Administrative Procedure Code, as this would unlawfully deprive the parties of their right to court.