Complaint to WSA about the lengthy conduct of the proceedings

This is information, not legal advice. For an individual case, consult a lawyer or a support organisation.

Art. 100d and court. Formally art. 100d of the Act on assistance to citizens of Ukraine excludes until March 4, 2027, legal remedies relating to inaction and delay (art. 100dPL🌐 Translate). However, administrative courts approach this differently than offices.

In May and June 2025 NSA - as part of dispersed constitutional review - refused to apply the provision extending the suspension of deadlines (Article 1, point 3 of the Act of May 15, 2024, Journal of Laws 2024 item 854) as inconsistent with art. 45 section 1 in connection z art. 31 section 3 of the Constitution. The limit is 830June 2024 - inactivity after this date, the court may assess the merits.

Cite in the justification: judgments NSA of May 19, 2025 (II OSK 2921/24, II OSK 2498/24, II OSK 2737/24, II OSK 2926/24), of May 28, 2025 (II OSK 2945/24), of June 12, 2025 (II OSK 3096/24) and of June 26, 2025 (II OSK 2234/24, II OSK 2243/24).

Filing a complaint remains justified, although the result depends on the court and the composition adjudicator. More details: guide about art. 100d.

Remember that the condition for a complaint is a prior reminder.

The complaint must be filed after submitting a reminder - this is a condition for its effectiveness (Article 53 § 2b PPSAPL🌐 Translate). The permanent entry fee is PLN 100 (§ 2(1)(6) of the Regulation of the Council of Ministers of December 16, 2003 - see list of entries WSA in WarsawPL🌐 Translate); In case of difficult financial situation, you can apply for assistance.

The court, admitting the complaint, obliges the authority to issue an act within a specified period and may impose a fine on the authority (Article 149 PPSAPL🌐 Translate).

[LOCATION], [DATE]

Complainant: [NAME AND SURNAME], [ADDRESS]
Authority: [NAME OF THE AUTHORITY], [ADDRESS]

Provincial Administrative Court in [CITY]
via [BODY NAME]

COMPLAINT
for lengthy proceedings

Pursuant to Art. 3 § 2 point 8 in connection with joke. 149 § 1 of the Act of August 30, 2002.
— Law on proceedings before administrative courts, I am filing a complaint about the length of the proceedings
conducting proceedings by [NAME OF AUTHORITY] in the case of [SIGNATION].

I request:
1. stating that the authority has committed excessive length of proceedings,
2. finding that the delay was in gross violation of the law,
3. the authority's obligation to issue a decision within the deadline [e.g. 30] days,
4. imposing a fine on the authority pursuant to Art. 149 § 2 p.p.s.a.,
5. awarding the costs of the proceedings.

JUSTIFICATION

I submitted the application on [DATE]. The proceedings take [NUMBER] days.
On [DATE], I submitted a reminder, which [was/was not accepted
recognized / was found to be unfounded - see Annex 2].
Since then, the authority has not taken any action to resolve the matter.

[DESCRIBE THE EFFECTS OF CHRONICITY FOR YOU AND YOUR FAMILY]

[SIGNATURE]

Attachments:
1. Confirmation of application submission.
2. Collection letter with proof of shipment and possible decision.
3. Proof of payment of the entry fee (PLN 100) or application for assistance.
4. Copy of the complaint for the authority.

If the court dismisses the complaint. The justification of the judgment is then created only at your request, submitted within 7 days from announcement (Article 141 § 2 PPSAPL🌐 Translate). Without justification, you will not prepare a cassation appeal to NSA. If the verdict is favorable the justification is prepared ex officio.

How often the courts take into account such complaints - see our summary of judgments.