Possible decisions

Detailed explanation

An administrative decision shall settle the merits of the case in whole or in part or otherwise settle the case at the instance concerned. The necessary elements of an administrative decision are the designation of the authority that issued it, the date of issue, the designation of the party, the appointment of the legal basis, the decision, the factual and legal justification, the manner in which the appeal is to be made and the right to waive the appeal and the consequences of the waiver of the appeal. The decision is served on the party, the legal representative or the representative appointed in the case (see: Service).

A decision, unlike an administrative decision, is of a procedural nature and is a decision made in the course of an administrative procedure, concerning a particular issue arising in the course of the proceedings. As a rule, the order does not determine the subject-matter of the administrative procedure. However, it may be necessary to issue a decision, although it does not have a direct impact on it. A decision, like a decision, consists of permanent elements, i.e., the designation of the authority that issued it, the date of issue, the designation of the party, the appointment of the legal basis, the decision, the factual and legal justification, and the instruction whether and possibly in what manner the complaint is served. It should be remembered that, unlike an administrative decision, not every decision is subject to appeal, but only one with which a specific legal provision binds the challenge ability of a complaint.

One of the elements of the above-mentioned decisions is the justification. The administrative body may waive the justification in a situation where the decision fully takes into account the party's request, unless the case concerns the disputed interests of the party or the decision issued is the result of filing an appeal / complaint, respectively. An administrative authority may also, when issuing a decision or order, depart from the justification of the decision on grounds of the interests of State security or public order.

Both decisions and orders may be revoked by means of appeals (see: Appeals).

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