Know the Administrative Code

What is the Administrative Code and why is it important?

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:

• legality – means that all actions of the authorities must comply with the law;
• equality of parties – ensures that all parties have the same rights and obligations; and
• publicity of proceedings – allowing access to information on the conduct of administrative proceedings.

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.

When will you see an administrative procedure?

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.

In such a situation, it is important to know the most important principles of the Administrative Procedure Code:

The principles of administrative procedure

• Principle of legality: Administrative authorities may act only on the basis of and within the limits set by law. This principle ensures that all administrative acts must have a legal basis.
• Public service principle: Administrative authorities have a duty to act in accordance with the interests and needs of the public.
• Proportionality principle: Administration should be proportionate to the achievement of the objective in order to avoid excessive interference with the rights and interests of the parties.
• Principle of legal certainty: Participants in administrative proceedings have the right to know how their cases will be treated by the administrative authorities.
• Principle of equality of arms: All parties to an administrative procedure are on an equal footing before the administrative authority and are treated equally in the procedure.
• The principle of the right of notification and the right to be heard: This right allows you to respond to what the authorities say or to bring evidence as to why you think the offence did not happen.
• Right to inspect the file: The parties have the right to be heard and to comment on all relevant issues in the proceedings. Knowledge of the Administrative Procedure Code will enable you to consult the administrative file to find out what the authority is basing its claims on and what evidence it has against you.
• The principle of two-stage proceedings (redress): if the authority makes an incorrect decision, the Administrative Procedure Code provides for remedies such as an appeal against the decision or a review of the decision.

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.

Rights and obligations of the parties to the administrative procedure

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.

How does the administrative procedure proceed?

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.

Remedies in administrative proceedings

Legal remedies allow the parties to the proceedings to defend themselves against a decision of an administrative authority with which they disagree:

Appeal

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.

Dissolution

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.

Review procedure

A specific option is a petition for review of a decision, which can be lodged by anyone who suspects 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.

Common mistakes and how to avoid them

Some clients of Accessible Advocate turn to us for help in administrative proceedings, but it is often 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.

What to do if you are not satisfied with the decision of the administrative authority?

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.

Summary

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.