Maciej Kiełbowski
adwokat, partnerDr Maciej Kiełbowski heads the Public Law and Local Government practice. For many years he has advised on matters of administrative law and administrative procedure and in judicial disputes.
He helps solve problems for a range of clients involving public law—both businesses and local governments. His experience involves primarily planning, zoning, construction law, road and rail projects, and road transport. In matters affecting the rail sector, he advises rail market participants as well as NGOs.
With training in both law and public administration, he can identify the needs and concerns of clients in the area of public law and advise them effectively. He advises the local government sector on matters such as disputes over educational grants, implementation of communal infrastructure projects, and access to public information.
He has participated in many complicated projects and multi-stage judicial disputes involving such matters as infrastructure for the Euro 2012 European Football Championship, design of rail infrastructure, cross-border insolvencies, and claims for substantial damages arising out of implementation of renewable energy projects. He has participated in administrative proceedings related to commercial and residential developments. He has appeared for clients numerous times before the Supreme Court of Poland and the Supreme Administrative Court, including recently before an enlarged panel of judges. In due diligence projects, he has also examined a number of companies with respect to litigation issues.
Faculty of Law and Administration, Adam Mickiewicz University, Poznań: bachelor’s (administration); master’s (law); doctorate, Department of Administrative Procedure and Administrative Court Procedure, dissertation entitled “The binding effect of a Constitutional Tribunal interpretational ruling upon an administrative court”
Wielkopolska Bar Chamber, Poznań
“Railway accidents: Is the infrastructure manager also liable?” (co-author), 2024 Yearbook
“Classification of an infringement as negligible in the case of an administrative tort subject to a mandatory fine. Comment on the Province Administrative Court in Olsztyn judgment of 2 March 2021, case no. II SA/Ol 885/20,” In Principle. Legal Studies and Analyses, 2021 vol. 2
“Obvious unconstitutionality as grounds for setting aside a decision imposing an administrative fine. Comment on the judgment of the Supreme Administrative Court of Poland of 30 January 2019 (case no. II OSK 555/17),” In Principle. Legal Studies and Analyses, 2020 vol. 2
“Public information: Essential even if inconvenient,” 2020 Yearbook
“Violation of general rules of the Administrative Procedure Code as independent grounds for a cassation appeal: Note on the Supreme Administrative Court judgment of 8 January 2019, case no. II OSK 259/17,” In Principle. Legal Studies and Analyses, 2019 vol. 1
“Direct application of the Constitution by the general courts and administrative courts” (co-author), 2019 Yearbook
“Disputes over EU funding and competitions: A procedural minefield” (co-author), 2019 Yearbook
“Will administrative offices really work faster and more efficiently?”, 2018 Yearbook
“You can—and should—demand that your case be resolved” (co-author), 2017 Yearbook
R. Hauser et al. (ed.), Pleadings and rulings In administrative court cases with explanations and CD (co-author), C.H. Beck (1st ed. 2014, 2nd ed. 2016)
P. Szustakiewicz (ed.), Access to public information (co-author), C.H. Beck (1st ed. 2014, 2nd ed. 2016)
Note on Supreme Administrative Court judgment of 26 April 2016, Case I OSK 3095/15, Palestra 11/2016
“Refusal to apply a statute as a manifestation of lawmaking activity of the administrative courts,” in T. Bąkowski & J.P. Tarno (ed.), Lawmaking of the administrative courts, Wolters Kluwer Polska 2015
Note on resolution of seven-judge panel of the Supreme Administrative Court of 18 December 2013, Case I OPS 13/13, Palestra 7–8/2014
“Allegation of violation of constitutional provisions and refusal to apply a regulation by an administrative court in commercial cases,” Radca Prawny 3/2014
“Direct application of the Constitution by administrative courts in commercial cases,” in A. Kisielewicz & J.P. Tarno (ed.), Judicial review of the administration in commercial cases, Wolters Kluwer Polska 2013
M. Kiełbowski in W. Piątek (ed.), “Review of case law: Administrative law,” Forum Prawnicze 5/2013 (report on resolution of seven-judge panel of the Supreme Administrative Court of 3 September 2013, Case OPS 2/13)
M. Kiełbowski in W. Piątek (ed.), “Review of case law: Administrative law,” Forum Prawnicze 3/2013 (report on resolution of seven-judge panel of the Supreme Administrative Court of 25 March 2013, Case II GPS 1/13)
“Direct application of the Polish Constitution by an administrative court in commercial cases,” Radca Prawny 3/2013
“Electronic filing of court papers,” Kadra Kierownicza w Administracji 12/2012
“Saturday and problems with calculating periods,” Kadra Kierownicza w Administracji 11/2012
“Authorisation to issue decisions,” Kadra Kierownicza w Administracji 8/2012
“Certificates not in all cases,” Kadra Kierownicza w Administracji 7/2012
“Grounds for issuance of a vacating decision,” Kadra Kierownicza w Administracji 4/2012
“The authority does not always file an appeal,” Kadra Kierownicza w Administracji 2/2012
“Legal consequences of filing an electronic application,” Kadra Kierownicza w Administracji 12/2011
“Objections to the justification of a judgment by the province administrative court” (note on resolution of seven-judge panel of the Supreme Administrative Court of 15 February 2010, Case II FPS 8/09), Przegląd Podatkowy 11/2011
“When a deadline falls on a Saturday,” Kadra Kierownicza w Administracji 11/2011
“A judgment as public information,” Monitor Prawniczy 24/2010
“Refund of improperly collected excise tax” (note on resolution of seven-judge panel of the Supreme Administrative Court of 13 July 2009, Case I FPS 4/09), Przegląd Podatkowy 5/2010
The Legal 500 EMEA 2024, Dispute resolution