Opportunities for Introducing an Alternative Dispute Resolution Mechanism in Polish Tax Proceedings

Authors

  • Jakub Wielgus Maria Curie - Skłodowska University, Lublin, Poland

DOI:

https://doi.org/10.60131/jlaw.2.2026.11902

Keywords:

tax law; mediation; tax proceedings; public law.

Abstract

This article is devoted to the topic of mediation in Polish tax law. It examines the possibility of regulating mediation as a method of dispute resolution in Polish tax law in the near future. Mediation in Polish tax law should be regulated by the provisions of the Polish Tax Ordinance. The study pays particular attention to the current position of the Ministry of Finance regarding the possibility of implementing mediation in tax proceedings. Published statistics on the resolution of administrative cases through mediation were also analyzed in the context of mediation’s potential to accelerate the resolution of tax cases. Attention was also drawn to specific categories of proceedings in which cases should be resolved through mediation due to their unique nature. Contrary to the claims of the Ministry of Finance, the article confirmed the need to include mediation as a method of dispute resolution in Polish tax law, while also indicating a practical way in which mediation could be introduced into Polish tax law.  

References

1. Act of 14 June 1960 — Code of Administrative Procedure, Journal of Laws of 2025, Item 1691 (in Polish).

2. Act of 29 August 1997 — Tax Ordinance, Journal of Laws of 2025, Item 111, as Amended (in Polish).

3. Order of the Minister of Finance of 22 December 2024 on the Guidelines for the Activities and Development of the National Tax Administration for 2025–2028, Official Journal of the Minister of Finance, Item 123, 23/12/2024 (in Polish).

4. Appendix to Order No. 119/2024 of the Director of the Tax Administration Chamber in Bydgoszcz, 31/12/2024 (in Polish).

5. Response of the Minister of Finance and Economy to a Parliamentary Question, ref. no. DTS3.054.2.2025, 19/08/2025, 2, 3, 4, 5 (in Polish).

6. Dumas A., Mediation in Tax Matters, Quarterly Journal of the National School of Judiciary and Public Prosecution, Issue 4(32), 2018, 30 (in Polish).

7. Ex Post Evaluation of the Functioning of Administrative Mediation, 4 (in Polish).

8. Ministry of Entrepreneurship and Technology, in Cooperation with the Center for Business Mediation at the National Chamber of Legal Advisers, Mediation in Administrative Proceedings: A Handbook for Public Administration Employees, 3 (in Polish).

9. Judgment of the Supreme Administrative Court of 12 June 2025, Case No. III FSK 322/24.

10. Judgment of the Provincial Administrative Court in Warsaw of 16 July 2020, Case No. VII SAB/Wa 92/20.

11. Rochowicz P., Mediation Failure, but Simplifications Work - the Ministry of Development Evaluates Introduced Procedures, <https://www.prawo.pl/samorzad/uproszczenia-procedur-administracyjnych-nie-zawsze-dzialaja,516368.html> [26.04.2026] (in Polish).

Published

2026-07-11

How to Cite

Wielgus, J. (2026). Opportunities for Introducing an Alternative Dispute Resolution Mechanism in Polish Tax Proceedings. Journal of Law , (1). https://doi.org/10.60131/jlaw.2.2026.11902

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