Queues in government offices are still a common occurrence today, even with the possibility of handling many matters online. However, completing many tasks takes much longer than a single visit to a counter or sending a document online. You can submit an application, but you have to wait for a decision. Sometimes even a month or longer. The slowness of government office employees affects many people who cannot resolve their matters on time.
The sluggishness of officials – what does it mean in practice?
When submitting an application for something, one must bear in mind the necessity of waiting for a decision for a certain period. It often happens that matters are dealt with well beyond the deadline, and officials justify themselves by citing a lack of time or an overload of tasks. Meanwhile, the applicant, who cannot resolve the matter on time due to the fault of the office, may face significant difficulties. The inefficient handling of certain matters can, for example, hinder the operation of one’s own business, and the delay by the office, for instance, in issuing a new ID, prevents the applicant from dealing with any matters that require proof of identity. The sluggishness of government office employees can therefore significantly complicate life.
The deadlines for issuing decisions according to the Administrative Procedure Code (KPA).
According to the regulations, the office should issue a decision as soon as possible. Matters that can be resolved based on the evidence provided by the party, attached to the application, should be handled promptly. If there is a need for the office to gather evidence, the decision should be made within a month. In very complex cases, the deadline may be extended to two months. Appeals, on the other hand, should be processed within one month.
Urging and complaint – whom to write to?
If the office is being inefficient, you can file a complaint or an urging. These documents should be submitted to a higher-level authority, such as the Administrative Appeal Board. An urging can be submitted through the body conducting the proceedings (such as the mayor or village head). The urging must be justified. It is necessary to submit an urging first, before filing a complaint with the administrative court for the delay or inaction of the office. However, you do not have to wait for the urging to be considered. After filing it, you can already submit a complaint to the Regional Administrative Court. The urging must be considered within 7 days. If it is considered valid, the office must explain to the petitioner the reasons for the delay, provide a new deadline for handling the case, and whether there has been a blatant violation of the law.
Prolonged delay with a flagrant violation of the law
If there has been a flagrant violation of the law, you can file a complaint with the Regional Administrative Court (Wojewódzki Sąd Administracyjny). Complaints are not submitted directly to the court but through the authority whose actions are being challenged. The complaint must be submitted within 30 days of receiving the decision in the matter, or in the case of no response from the office, within 30 days from the summons to remedy the violation of the law. The office may consider the complaint within 30 days of receiving it and must decide whether there has been inaction or prolonged proceedings. Subsequently, the court issues a judgment, acknowledging the office’s inaction or prolonged action, obliging the office to issue a decision within a specified period, and confirming or recognizing the right or obligation arising from legal provisions. The court may also impose a fine on the office or award the complaining party a monetary amount from the office, as determined by the Administrative Procedure Code.
How to defend against bureaucratic delays?
Unfortunately, there is no way to prevent this phenomenon. It is not possible to predict that an office will act slowly in a given matter. The only option is to file a reminder and complaint in the event of delay or inactivity and fight for one’s rights. However, as evidenced by the deadlines for reviewing complaints, reminders, or complaints, expediting the resolution of the matter is not possible in any way.