The Authority of the Higher Administrative Body to Declare the Contested Administrative Act Null and Void

Authors:

Pages: 325-329
DOI: https://doi.org/10.54664/GLDD3936

Abstract:

One of the main elements of the procedure for challenging administrative acts through administrative channels is the role of the higher administrative authority. This authority has specific powers and obligations that must be exercised in accordance with the law and the principles of justice. The subject of this study is the power of the former to declare the contested administrative act null and void. The exercise of this power creates new rights and obligations for both citizens and administrative bodies. Since the declaration of nullity is not bound by a specific time limit and a void administrative act cannot be validated after the expiration of the appeal deadlines, it is necessary to examine the significance of this power vested in the administration and the risks arising from its improper use. At the same time, an analysis of judicial practice and theoretical views reveals the need for more precise legislative regulation to limit the potential for arbitrariness in the exercise of the power to declare nullity. This legal uncertainty may lead to inconsistent application of the law by the administration and create obstacles to the proper functioning of the administrative process. The present study draws attention to the problems arising from the lack of clear criteria and limitations in the exercise of this power and proposes a comprehensive reconsideration of its place within the system of administrative law.

Keywords:

enforcement, mode of execution, means of execution, effectiveness, proportionality test, dwelling, illegal construction, inviolability of dwelling, purpose of the law

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