Issue No. 24: Contestability and nullity of an administrative act

The means of appeal provided for in the Code of Administrative Procedure are divided into ordinary and extraordinary.

Ordinary appeals include: 1) appeal - against a decision, 2) complaint - against a decision issued in the course of proceedings, if the law so provides, and not to settle the matter on time or to protracted proceedings, 3) application for re-examination of the case - against a decision or order issued by the minister or a self-government appeal board.

Extraordinary appeals include: 1) application for resumption of proceedings, 2) application for annulment of the decision.

A party may use extraordinary means of appeal in the event of termination of an administrative proceeding by a final administrative decision, i.e. one against which it is not possible to lodge an appeal.

Appeal. The Code of Administrative Procedure does not introduce formal or material restrictions on the legitimacy of a party - it does not make the implementation of a party conditional on its participation in proceedings before the authority of the first instance. Not only the party who took part in the proceedings ended in the decision has the legitimacy, but also the person who did not take part in the proceedings but is a party within the meaning of art. 28 of the Code of Administrative Procedure. The Code of Administrative Procedure also does not introduce any substantive conditions that would limit the legitimacy of a party. The only premise is the party's dissatisfaction with the decision contained in the decision of the authority of first instance.

A complaint is a means of appeal against the provisions of which the Code of Administrative Procedure provides directly in the detailed provisions for their appealability by way of complaint. Provisions on which the Code of Administrative Procedure did not foresee the admissibility of lodging a complaint, can be appealed only together with an appeal. In such a case, the complaint is a dependent mean of appeal.

Application for review of the case. A party dissatisfied with a minister's decision may make such a request to this authority and this request constitutes the basis for further proceedings in the same case.

Questions of nihility of an administrative act, the grounds, procedure and consequences of the repeal of legal and illegal administrative acts and material breaches of procedure of exercising of the administrative procedure, entailing the repeal of an administrative act, were discussed in Items No. 8, 9,10.

Article 127. [Admissibility] § 1. A party may appeal against a decision issued in the first instance only to one instance.

§ 2. The public administration authority of higher level shall be competent to consider the appeal, unless the statute provides for another appellate authority.

§ 3. A decision issued in the first instance by a minister or self-government appeal board may no be appealed against, however, a party dissatisfied with the decision may submit to such authority an application to reconsider the matter; the provisions governing appeals shall apply mutatis mutandis to such application to reconsider the matter.

Article 127a. [Waiving the right of appeal by a party] § 1. During the period provided for the filing of an appeal, the party may waive his right of appeal against the decision issued by the public administration authority.

§ 2. Upon serving the public administration authority with a statement on waiving the right of appeal by the last of the parties to the proceedings, the decision shall become legally binding.

Article 128. [Appeal; form; contents] An appeal requires no detailed reasons to be stated. It is sufficient if it is evident from the appeal that the party is dissatisfied with the decision issued. Specific provisions may impose other requirements concerning the contents of the appeal.

Article 129. [Time limit] § 1. The appeal shall be submitted to the competent appellate authority via the authority which issued the decision.

§ 2. The appeal shall be submitted within 14 days of the day the decision has been served upon a party, and if the decision has been communicated orally – of the day the decision has been communicated to the party.

§ 3. Specific provisions may provide for other time limits for submitting the appeal.

Article 141. [Rule; time limit] § 1. A complaint may be filed by a party against orders issued in the course of the proceedings only if the Code provides so.

§ 2. The complaints shall be filed within 7 days of the day of service of the order upon the party, and if the order has been communicated orally – of the day when the order was communicated to the party.

Article 142. [Continued] An order against which a complaint may not be filed may be challenged by a party only in an appeal against the decision.