On June 24th 2021 Sejm passed an act amending the Act – Code of Administrative Procedure. The amendment concerns the admissibility of declaring an administrative decision invalid. According to the enacted amendments, it is excluded to declare an administrative decision invalid, including one issued in gross violation of the law, if 10 years have passed from the date of its delivery or if it has caused irreversible legal consequences. The only exceptions are decisions that are permanently unenforceable and those whose enforcement would result in a punishable act.
Moreover, if 30 years have passed, no proceedings to declare the decision invalid will be initiated, regardless of the grounds.
The amendment is a consequence of the judgment of the Constitutional Tribunal of 12 May 2015 (P 46/13) declaring the provision of Article 156 § 2 of the Code of Administrative Procedure inconsistent with Article 2 of the Constitution to the extent that it does not exclude the admissibility of declaring a decision invalid when there has been a significant lapse of time since its issuance.