The Act of 11.08.2021, which amends the provisions of the Code of Administrative Procedure did not implement the guidelines of the Constitutional Tribunal contained in the judgment of 12.05.2015, P 46/13, the aim of which was to strengthen the position of persons aggrieved by unlawful activities of the state. The amendment violates many fundamental civil rights, including in particular the right to a fair trial, procedural justice, the right to respect legitimately acquired rights and pending interests, and the right to a judicial remedy and effective implementation of the claim for compensation for damage caused by the unlawful acts of public authorities.
Objections of a constitutional nature may be raised against each of the provisions, most notably against Article 2(2) of the Act. As a result of analysis of the amended provisions, the author concludes that de lege lata the 30-year limitation period for declaring the decision invalid should refer exclusively to invalidity proceedings in the strict sense. It should not apply to cases concerning confirmation that a decision has been issued in breach of the law (Article 158 § 2 of the Code of Administrative Procedure), i.e. with the so-called weaker effect.