Change of decision

Detailed explanation

When there is no legal basis for reopening the proceedings or annulling a final administrative decision (See: Appeals), the authority that issued the decision has the possibility, provided that certain conditions are met, of revoking or amending it. Both a decision duly adopted and a decision against defects which do not give rise to reopening or annulling the proceedings may be subject to revocation or amendment.

In order to amend or revoke a decision by virtue of which a party has acquired a right, it is necessary to meet a total of four conditions: the existence of a final decision, the public interest or the legitimate interest of a party in favour of its repeal or amendment, the party's consent to the amendment or revocation of the decision and the absence of contraindications in the Regulations of special laws. It is also important that the amendment of a decision must not go beyond the limits of the administrative case decided by the original decision.

Example: change of the decision on granting a temporary residence permit in the part concerning the deadline for granting the permit pursued to Article 155 of the Code of Civil Procedure.

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