EXPIRY OF A DECISION UNDER SUBSTANTIVE LAW AND PROCEDURAL CONFIRMATION OF EXPIRY OF ITS BINDING FORCE

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EXPIRY OF A DECISION UNDER SUBSTANTIVE LAW AND PROCEDURAL CONFIRMATION OF EXPIRY OF ITS BINDING FORCE

Journal Title: Annuals of the Administration and Law - Year 2016, Vol 1, Issue 0

Abstract

When considering expiry of an administrative decision, what we really have in mind is an automatic lapse of its binding force and legal effect. The institution of expiry of an administrative decision, as specified in the legal regulations, is not uniform. The institution of decision expiry may be construed not only as a measure of control of decision enforcement, but also as an exception to the rule of permanence of an administrative decision. Secondly, when considering the reasons for expiry of an administrative decision, one will find that these may vary, and, generally, result from the substantive administrative law or from the decision itself. Within this scope, Art. 162 of the Code of Administrative Procedure serves as a generalizing regulation for diverse cases of decision expiry existing in the substantive law. Thirdly, analysis of the provisions of Art. 162(1) of the Code of Administrative Procedure, regulating the premises for confirming decision expiry, leads to a conclusion that said provision combines, in fact, as many as three legal norms. According to the first norm, Art. 162(1)(1) states that the administrative body which issued the decision in the first instance confirms the expiry of such decision if it finds it objectless and confirmation of its expiry is required by legal regulations.<br/><br/>

Authors and Affiliations

Patrycja Sołtysiak

Keywords

administrative decision expiry of a decision under substantive law administrative procedure condition public interest interest of the party concerned

EP ID EP392770
DOI -
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