Legal Effects of Failures to Technical Devices and ICT Networks Which Are Used for Submitting Electronic Applications to Administrative Authorities and Legal Effects of Errors in Data Transmission of e-Submission: Comments Based on General Administrative Proceedings in Poland

Abstract

This paper aims at an analysis of legal effects of failures occurring to technical devices and ICT networks which are used for submitting electronic applications to administrative authorities within general administrative proceedings in form of e-submissions as well as legal effects of errors in data transmission in connection with the process of sending such submissions. Problems emerging in such situations make a very interesting yet not fully studied issue. So far no written analyses have been issued and the single cases that happen are resolved by administrative courts on an ad causam basis. Despite the fact that the administrative proceedings digitalization process has been going on for over 20 years, its importance has actually been confirmed now, during the COVID-19 pandemic, partially due to the necessity of meeting the sanitary measures, avoiding gatherings, limited or suspended operations of the public institutions on site which makes the electronic communication between the participants of administrative proceedings “attractive”. For this reason, electronic administrative proceedings have become an attractive solution in this difficult and unpredictable period. The authors formulated here a hypothesis that malfunctions of technical devices or ICT networks used for submitting applications or motions may result even in failure to submit the said applications. In some cases, however, it is possible to eliminate such a negative effect by applying Article 58 of the Administrative Proceedings Code. On the other hand, an error in data transmission of an application consolidated in the electronic form depending on the nature of the error and the stage of the proceeding where such error has been noted may be – in the authors’ opinion – as a rule, deemed a formal failing. Article 64 § 2 of the Administrative Proceedings Code refers to the indicated cases.