The Administrative Procedure Code is a law that determines how authorities should proceed when deciding on the rights and obligations of people and companies. It regulates, for example, the opening of administrative proceedings, evidence, the issuing of decisions and appeals. How do administrative proceedings work, what rights do you have as a party and how do you defend yourself against a decision of the authority?
Quick overview
The Administrative Procedure Code is a law that regulates the procedure of the authorities in deciding on people’s rights and obligations.
It is used, for example, in misdemeanours, building procedures, welfare benefits or registration in the Land Registry.
The parties to the proceedings have the right to inspect the file, comment on the documents and lodge an appeal.
If the authority makes an incorrect decision, it can defend itself by means of appeals and subsequently by bringing an action in the administrative courts.
If you are dealing with an administrative procedure and are unsure of the procedure, we can prepare a submission or review the Authority’s decision. Get a quick consultation and a suggestion on how to proceed.
The Administrative Procedure Code is the basic legal regulation that governs the procedure of administrative authorities when deciding on the rights and obligations of citizens or legal entities. By setting out clear rules that authorities must follow when dealing with citizens, it also ensures that their rights are protected.
The basic principles underlying the Administrative Code are:
Whether you are dealing with a simple transaction or a more complex legal problem, we will help you with the necessary documents and guide you through the entire administrative procedure. We will analyse your case in detail and offer a tailor-made solution. All this online, from the comfort of your own home.
The Administrative Procedure Code thus ensures that administrative decision-making is predictable and trustworthy, which is crucial for everyday life and legal certainty for all.
Administrative proceedings are part of everyday life. You do not have to actively initiate administrative proceedings or make any submissions to the administrative authority.
Imagine a common situation where you park your car in your usual place for a short shopping trip. You don’t see a parking ban anywhere, but a few days later you receive a letter from the authority telling you that you have violated traffic rules (e.g. you parked in a place that was temporarily designated for an event and did not allow parking). Even in this way, without your knowledge, you can become a party to an ex officio procedure.
Clients often turn to us only when the administrative proceedings are already underway or have even ended with a decision. For example, we recently dealt with a client who was fined for a traffic offence. He treated the letter from the office as a routine notice and did not respond to it. By the time he contacted us, the deadline for filing an appeal was almost over, and it was necessary to act very quickly so that he would not lose the opportunity to defend himself.
In such a situation, it is important to know the most important principles of the Administrative Procedure Act:
You can also read our next article on how to defend yourself against a decision in an administrative procedure. In our article on administrative fees, you can find out how much certain official acts will cost you.
Other common situations are, for example, dealing with planning permission when planning to renovate a house or build a new property.
Another such situation is applying for social benefits such as parental allowance, housing benefit or unemployment benefit, where the authorities decide whether to grant these benefits following an administrative procedure.
You will also encounter administrative proceedings when applying for a driving licence or registering a property. It is thus an integral part of interaction with the authorities.
Participants in administrative proceedings have a number of rights that ensure the fairness of the proceedings. These include the right to representation, which means that a party may choose a representative to represent him or her in the proceedings, such as a lawyer.
An important right is the aforementioned right to inspect the file, which allows the parties to see all the documents and evidence used by the administrative authority in the proceedings.
The parties also have the right to express their views on the decision documents and to make suggestions and comments.
On the other hand, the parties also have obligations, such as the obligation to provide the administrative authority with true and complete information relevant to the decision in the case.
The parties are also obliged to respect the instructions of the administrative authority and to cooperate in clarifying the facts.
The administrative procedure follows several basic steps. The first is the initiation of the procedure, which may be on the basis of a party’s initiative (for example, an application for a building permit) or on the administrative authority’s own initiative.
This is followed by the collection and management of evidence, where the administrative authority establishes the facts necessary for a decision – depending on the type and content of the administrative procedure, it may conduct hearings, collect documents or obtain expert opinions.
This is followed by the decision-making phase, where the administrative authority issues a decision based on the evidence gathered, which determines the rights and obligations of the parties to the proceedings. Each party has the right to comment on the documents before the decision is issued.
After the decision has been issued, the parties have the possibility to pursue remedies, for example to lodge an appeal if they disagree with the decision.
Appeals are an important part of the procedure as they allow the decision to be reviewed by a higher authority and provide further control over the administrative process.
Do you have administrative proceedings coming up and would you like to prepare for them? Or are you a participant in an ongoing process and want to know the next steps to be taken by the administrative authority? In our article, we have outlined the process of administrative proceedings, including how to proceed if the administrative authority fails to fulfil its role.
Legal remedies allow the parties to defend themselves against a decision of an administrative authority with which they disagree:
The most frequently used remedy is an appeal, which can be lodged by a party within 15 days of the delivery of the decision. The appeal is lodged with the superior administrative authority, which will review the decision and may amend, annul or confirm it.
In practice, it is often the case that people overlook the time limit for lodging an appeal. If they miss it, defending against the decision can be significantly more difficult.
Another remedy is an appeal, which is mainly used against decisions of central administrative bodies such as ministries. An appeal is lodged by a party with the authority that issued the decision and is decided by an appeal committee.
A specific option is a petition for review of a decision, which can be lodged by anyone if they suspect that a decision has been taken in breach of the law. The aim of the review procedure is to ensure that the decision is reviewed by an independent body which is competent to assess whether the decision was taken in accordance with the law and whether it was correctly and properly reasoned. Another extraordinary remedy is a retrial where facts not yet known come to light.
Some clients of Accessible Advocate turn to us for help in administrative proceedings, but not infrequently it is too late. Common mistakes in administrative proceedings stem from ignorance of the rights and obligations of the parties, typically ignorance or failure to meet deadlines, for example, for filing an appeal or completing necessary documents. Unfortunately, this often results in the rejection of the application or the loss of the possibility of an appeal. Therefore, we always remind our clients that it is important to carefully follow all deadlines set by the administrative authority and to respond in a timely manner.
Another common mistake is the failure to provide sufficient or truthful information, which can result in delays or even penalties. Some people also do not make use of their right to inspect the file, thereby losing the opportunity to influence the course of the proceedings.
If you are not satisfied with the decision of the administrative authority, you have several options to defend yourself. The first step is to lodge an appeal with the superior authority, which must be lodged within 15 days of receipt of the decision. Any party to the first-instance administrative procedure can file an appeal.
You can challenge the wording of the decision, not just its reasoning. However, you must work with the statement of reasons to support your arguments against the statement.
Always address your appeal to the administrative authority that issued the contested decision. The latter may decide in what is known as ‘self-medication’ (the administrative authority effectively acknowledges its own wrongdoing and does not complicate the matter further by appealing) or it may refer the file to a higher authority, which will initiate the appeal procedure.
Alternatively, the lodging of an appeal is an important precondition for being able to proceed with an action in the administrative justice system. All decisions are subject to review. The only exceptions are those decisions which are expressly excluded by law.
Another defence is the aforementioned extraordinary remedies, namely the review procedure and the reopening of administrative proceedings.
The Administrative Procedure Code is a key piece of legislation that sets out the procedures of administrative authorities in deciding on the rights and obligations of citizens and legal entities. You will encounter administrative procedures in common situations, for example, when dealing with parking fines, applications for building permits, social benefits, driving licences or registration in the Land Registry. Parties have the right to representation, to inspect the file and to make comments, but they also have a duty to provide full and truthful information and to cooperate with the authorities.
Proceedings are initiated at the request of a party or ex officio, followed by the collection of evidence and the issuance of a decision. If you disagree with the outcome, you may have recourse to remedies such as appeal, appeal or review proceedings. Responding in a timely manner, knowing your rights and obligations, and carefully monitoring deadlines are the keys to a successful administrative procedure.
The administrative authority is to decide without undue delay. It should normally decide within 30 days, or 60 days in more complex cases.
The proceedings shall be initiated either by the request of a party or ex officio.
The appeal shall be lodged within 15 days of the delivery of the decision with the administrative authority that issued the decision.
Yes, it can do so under so-called self-medication if it considers that the decision is wrong.
Yes, you can bring an action before an administrative court after exhausting the proper remedies.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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