Invalidity of an Administrative Decision Cover Image

Nieważność decyzji administracyjnej
Invalidity of an Administrative Decision

Author(s): Mirosław Karpiuk
Subject(s): Essay|Book Review |Scientific Life
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: administrative decision; invalidity; grave violation of law; defects of decision; decyzja administracyjna; nieważność; rażące naruszenie prawa; wady decyzji

Summary/Abstract: The article takes up the issue of necessary procedures which are to ascertain the invalidity of individual administrative acts (decisions). Invalidity of an administrative decision constitutes an extraordinary mode which is to derogate defective acts. It is an institution connected with a procedure; it was established to eliminate decisions affected by substantive-legal defects which cause the legal relation to be ill-formed both subjectively and objectively. Proceedings to ascertain invalidity of a decision constitute a separate administrative procedure which is only to determine whether a given administrative decision is affected by one of those defects that make it unlawful. In terms of ascertainment of invalidity, the competent authority may not rule on any other substantial issue. Neither can it settle the case as to its essence.

  • Issue Year: 19/2009
  • Issue No: 2
  • Page Range: 249-265
  • Page Count: 17
  • Language: Persian
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