WOIA will be able to cite examples of other

The amendment to the Administrative Procedure Code Act, which came into force on 1 June 2017, introduces the principle of precedent. Anyone – including a pharmacist – will be able to invoke an administrative decision issued in favour of a third party, believes attorney Marcin Józefiak.
In the magazine „Farmacja Wielkopolska”, Marcin Józefiak, legal advisor of the Wielkopolska Regional Pharmacy Chamber, focused on the amendment to the Code of Administrative Procedure Act, which came into force on 1 June 2017. It is important for pharmacists due to the introduced principle of precedent.
The legal advisor of WOIA focused specifically on Article 8(2) of the Code of Administrative Procedure, according to which public administration bodies shall not deviate from the established practice of resolving cases in the same factual and legal state without good reason.
– This is a revolution in the Polish legal system, because anyone will be able to rely on an administrative decision issued in favour of a third party – according to the lawyer.
What does it mean in practice? – If our neighbor, being in the same factual and legal condition, got a positive decision, we must get it too. From the point of view of a pharmacist, this is of great importance – because when applying for any type of administrative decision, such as a permit to operate a community pharmacy, we can refer to examples of other pharmacists who, in a similar case, in the same factual and legal state, got a positive decision .
„Before June 1, 2017, the authority did not look at whether and how it resolved the parties' requests for an administrative decision. Each case could be settled positively or negatively. After June 1, 2017, the authority must take into account how it issued administrative decisions in the same factual and legal situation.”
He points out that deviation from this so-called line of jurisprudence must have good reasons.
„There have already been the first decisions of provincial administrative courts stating that a justifiable reason is, for example, a defect in the established line of jurisprudence. In the case of pharmacists, this would include imposing penalties for leaflets informing about the location of the pharmacy and its opening hours. All voivodship pharmaceutical inspectorates would issue such decisions, which would then be overruled by voivodship administrative courts”. – explains the counsel.

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