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Dr hab. Patrycja J. Suwaj
ORCID: 000-0001-9807-810

Professor at the Jacob of Paradies University in Gorzów Wielkopolski, judge of the Supreme Administrative Court of Poland.

 
DOI: 10.33226/0137-5490.2025.4.2
JEL: K23

This paper presents the results of research on the legal nature of the monetary sum (redress mechanism) that an administrative court may impose on a public administration authority upon finding that the authority has remained inactive or has unduly prolonged administrative proceedings. The analysis focuses on the issue of administrative inaction, the scope of judicial review in such cases, and the legal instruments available to the courts in proceedings concerning complaints about inaction – namely, orders to issue an act, fines imposed on the authority, and monetary sums awarded to the complainant. Particular attention is devoted to the purpose, fairness, and justification of awarding such a sum to the complainant as a legal measure serving a quasi-punitive function. The authors also emphasize the informative and educational role of the courts in evaluating compliance with the principle of promptness in administrative proceedings, as well as in clarifying the essential difference between the completion and the conduct of administrative matters. Finally, the paper discusses the conditions and principles governing the court's determination and adjustment of the monetary sum, along with the possibility for the parties to challenge the amount awarded.

Keywords: administrative inaction; administrative law; administrative procedure; judicial review of inactivity