Constitution art. 2 Judgement of Constitutional Tribunal – art. 156 kpa The absence of time limitation on the declaration of invalidity of a decision issued in flagrant breach of law – sygn. akt P 46/13 (communication)
The Constitution of the Republic of Poland of 2 April 1997 (Dz.U. z 1997 r. Nr 78, poz. 483 as amended)
link to provision: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19970780483/U/D19970483Lj.pdf
Article 2 Principle of a democratic state governed by the rule of law; principle of social justice
The Republic of Poland shall be a democratic state ruled by law and implementing the principles of social justice.
Act of 14 June 1960 Code of Administrative Procedure (Dz.U. z 2024 r. poz. 572)
link to provision: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19600300168/U/D19600168Lj.pdf
Article 156 Grounds for annulment
§ 1. A public administration body shall invalidate any decision which:
1) was issued in breach of the regulations on jurisdiction;
2) was issued without legal authority or in blatant breach of the law;
3) concerns a case that has already been dealt with by a separate final decision or a case that has been dealt with tacitly;
4) has been addressed to a person who is not party to the case;
5) was not enforceable at the date of issue and such non-enforceability is of a permanent nature;
6) would result in a criminal act if enforced;
7) contains a defect which renders it invalid by law.
§ 2. A decision may not be invalidated for the reasons given in § 1, if ten years have elapsed from the date of service or publication, and also if the decision would have irrevocable legal consequences.