The passage of time as a circumstance excluding the declaration of invalidity of a decision issued with flagrant violation of law

Abstract

The regulation specifying the maximum deadline for annulment of an administrative decision, which decision is attributed to the defect of issue in gross violation of law, requires assessment in the context of the principles and value of the administrative law system. There are various values ??in administrative law on which it is based and from which it originates. Thus, also administrative decisions concern various interests and values ??protected by law, which require evaluation and evaluation. Law itself, through its existence and validity, provides outside "its" new values, and thus is itself a value and constructs values. Values ??protected by administrative law are those for which administrative law is created. Their source is the Constitution of the Republic of Poland itself, laws and specific norms. The doctrine indicates that the administrative law system should respond to the needs of a well-organized society, should adapt to uninterrupted changes. Determining the maximum period of the administrative decision's abusiveness due to its issuing in gross violation of the law must take into account the functions and subject of the regulation. It should also be considered whether, taking into account the features of administrative law, it is possible to indicate areas of law and categories of legal relations in which the passage of time should not cause the inability to annul a decision because it was issued with a gross violation of the law, for example due to an important state interest or obvious harm to an administered entity.