Rights and obligations

Detailed explanation

In administrative proceedings, the administrative body shapes the rights and obligations of a party by issuing a decision. The administrative body acts on the basis of and within the limits of the law. They undertake activities that are based on applicable law. In the course of the entire evidentiary procedure, it undertakes on its own, as well as at the request of a party, all actions necessary for a comprehensive examination of the case under consideration, a thorough explanation of the facts and a decision in accordance with applicable law, taking into account as much the public interest as well as the legitimate interest of the party.

In proceedings the subject of which is to impose an obligation on a party or to limit/withdraw its right, doubts as to the content of a legal norm are resolved by the administrative body, with certain exceptions, in favour of the party. Therefore, if it is possible to interpret the law in different ways, the authority should apply a way that is beneficial to the party. One of the exceptions to the observance of this principle is the protection of an important public interest, including the interest of the state (its security, defence, and public order).

In the course of the proceedings, the administrative authorities cooperate with each other to the extent necessary to clarify the facts in detail. The administrative authority may not request from a party information which it can obtain itself.

The administrative body conducts the proceedings in a way that inspires confidence of its participants in the public authority. Therefore, they act in accordance with established practice, that is, they decide similarly in analogous cases. Any deviation from an established practice must be justified. It is also incumbent on the administrative authority to keep the parties fully informed of the factual and legal circumstances of the case which may affect the outcome of the proceedings. In this way, the site is protected from the negative consequences of ignorance of the law.

A party has the right (with some exceptions) to actively participate in administrative proceedings, i.e., the administrative body is obliged to allow the party to comment on the collected material before issuing a decision. A party may not exercise this right. The administrative body should also justify its decisions, i.e., explain to the party the legitimacy of the premises that the authority is guided by when settling the case.

The proceedings should be conducted using the simplest means in the given circumstances, leading to the examination of the case as thoroughly and quickly as possible. The administrative body should comply with the deadlines for settling the matter specified in the regulations. If it is possible to reach a settlement in the case, the administrative authority should conduct the proceedings in such a way as to persuade the parties to conclude such an agreement.

In administrative proceedings, there is also a rule according to which the matter should be dealt with in writing or in the form of an electronic document. Matters dealt with in another way (e.g., orally) should also be recorded in the file in the form of, for example, a protocol or an annotation signed by the party. Administrative decisions, as a general rule, should also be in writing.

Public administration bodies shall enable a party to assess the performance of the offices headed by those bodies and their staff.

As a rule, the administrative procedure is two-instance, which means that a party has the right (with some exceptions) to appeal. Final decisions, i.e., those that have not been challenged within the deadline or have been issued by appeal bodies, are permanent. However, they may be revoked by means of an extraordinary appeal or appealed to the administrative court in the event of their illegality.

In conclusion, a party has a real influence on the course of the entire proceedings and, consequently, on the formation of the rights or obligations granted to it by an administrative decision. To a large extent, it depends on them to settle the matter in accordance with their request. It is therefore incumbent on the party to inform the administrative authority of the relevant circumstances of the proceedings and, consequently, to comply with the administrative decision issued in its decision.