EU Court ruled Poland's indefinite delay in processing TRP applications unlawful

The Court recognized that in exceptional and unforeseen circumstances, EU countries may not meet the established deadlines, however, after December 31, 2022, the mass arrival of refugees from Ukraine can no longer be considered an unforeseen situation.

The mechanism for suspending deadlines appeared in 2022 when Article 100d was included in the special law on assistance to Ukrainian citizens. According to it, the deadlines for processing residence permit applications by voivodes were suspended. This did not mean that applications ceased to be processed or that decisions were not made on them. However, these cases were no longer subject to usual time limits, and state authorities did not incur penalties for untimely decision-making. This procedure has been in effect since March 2022 and has been repeatedly extended. It was last extended until March 2027.

The basis for the matter's consideration by the EU Court was the case of a foreigner who, in April 2024, applied for a temporary residence permit for study purposes. Not having received a decision, in November of the same year, he appealed to the administrative court with a complaint about the voivode's inaction. The latter cited Article 100d. The administrative court in Gliwice doubted whether such a norm complied with EU law and referred the question to the EU Court for consideration.

The Court recalled that under normal circumstances, applications for residence permits for study purposes must be processed within 90 days. If insurmountable circumstances prevent state authorities from carrying out necessary checks and making a decision within this period, the state cannot be blamed for violating time limits. However, such circumstances can only be invoked for the time necessary to overcome the respective obstacles.

The published summary of the decision states that after December 31, 2022, the mass arrival of people forced to leave their homes due to Russian aggression against Ukraine could no longer be considered an unforeseen event. The court also saw no confirmation that the continued suspension of norms on responsibility for the inaction of administrative bodies until September 30, 2025, demonstrated the due diligence of Polish authorities in resolving the issue. This deadline was indicated in the case materials because such an extension was in effect at that time.

However, the EU Court's decision pertains to a specific case and does not, in itself, overturn the Polish norm on the suspension of deadlines. Previously, Polish courts also made decisions in favor of foreigners, noting that a norm depriving an individual of the ability to appeal the inaction of a state body contradicts the Constitution of Poland. However, such decisions in individual cases have not yet led to a change in the general procedure.

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