Poland’s National Administrative Court overturned a lower court’s rejection of a complaint filed with a power of attorney dated after submission.
Case Background
A citizen appealed a decision by Poland’s Minister of Justice regarding the suspension of rights from a restructuring advisor license to the Voivodeship Administrative Court in Warsaw.
Initial Rejection
The court called for the removal of formal deficiencies, requiring an original or certified copy of the power of attorney authorizing representation before administrative courts. When the power of attorney was submitted dated October 23, 2025—later than the complaint’s August 7, 2025 filing date—the court rejected the complaint.
NSA Overturns Decision
The National Administrative Court (NSA) upheld the appeal to overturn the rejection. The appellate court noted that administrative procedure law requires a power of attorney to be submitted with the first procedural action, but doctrine and jurisprudence accept that a power of attorney may be granted in time to allow submission within the deadline for formal deficiencies.
Legal Precedent
The NSA explained that the lack of power of attorney at the time of a procedural action may be supplemented by subsequent confirmation of that action by the person on whose behalf it was made, through granting power of attorney to the person who performed the action.
Constitutional Rights
The NSA determined that sending the requested power of attorney with a later date than the complaint filing cured the formal defect. The court stated that rejecting the complaint solely because the power of attorney was formally granted later constituted excessive formalism, limiting the right to a court as per Article 45(1) of the Constitution.
Date Interpretation
The NSA added that when assessing whether the representative properly complied with the request to remedy deficiencies, the court should consider that the date on the document confirming the existence of power of attorney indicates only the day of signing, not the actual moment the power of attorney was granted.