Restoration of the deadline for filling formal deficiencies

Detailed explanation

The deadline for completing formal deficiencies of the application is an instructional term, i.e., used to improve the administrative proceedings. This deadline, unlike the so-called limitation period (e.g., the time limit for lodging an appeal), does not have negative procedural effects for the party. Consequently, it is not permissible to restore it. Therefore, the submission of a request to supplement the formal deficiencies of the application will result in the administrative authority refusing to initiate proceedings (see: Refusal to initiate proceedings) regarding the application for restoration of the deadline for supplementing formal deficiencies.

If the application submitted contained formal deficiencies which, as a result of a request from the administrative authority, were supplemented, but in violation of the deadline indicated in the request, the administrative authority should initiate proceedings in the case, provided that the formal deficiencies were remedied before sending the application to the applicant to leave the application unexamined (see: Leaving without examination). The date of submission of the application in such a situation shall be deemed to be the date on which the formal deficiencies of the application are completed.

If, on the other hand, the formal deficiencies of the application have not been remedied and, as a consequence, the administrative body has sent a notification to the applicant to leave the application unexamined, the administrative body will also not consider the application for restoration of the deadline for supplementing the formal deficiencies of the application due to the instructional nature of such a deadline, and the case will not be considered.