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Changes in the Code of Administrative Procedure in 2017

The planned changes aim at improving the apparatus of the State Administration by reducing the chronicity of procedures which are consequently intended to reduce the time of administrative proceedings and improve them.

The planned changes aim at improving the apparatus of the State Administration by reducing the chronicity of procedures which are consequently intended to reduce the time of administrative proceedings and improve them.

Below are the most important changes that citizens will face from 1 June 2017: Chronic and...

The planned changes aim at improving the apparatus of the State Administration by reducing the chronicity of procedures which are consequently intended to reduce the time of administrative proceedings and improve them. Below are the most important changes that citizens will face from 1 June 2017:

Chronicity and idleness

According to the case-law line, chronicity is the conduct of proceedings in an inefficient manner by performing activities with a long interval of time or by performing appearance activities which render the body formally inactive, multiplying the body's evidence activities beyond the need resulting from the substance of the case.

The amendment of the Act provides for the introduction of definitions of these concepts. The length of proceedings will occur when proceedings are conducted longer than is necessary to handle the case.

In addition, instead of the current complaint of failure to resolve the case within the time limit or the chronic conduct of proceedings, a reminder appeal was introduced.

Administrative agreement

The administrative agreement is intended to become a new way of handling the matter and to be an alternative to the administrative decision. The essence of the administrative agreement is to settle the matter by agreeing on issues relevant to the matter by the administrative authority with the party to the proceedings.

Such an agreement shall specify the content and manner of exercise of the powers or obligations which would be the subject of an administrative decision. It would always have to be written or electronic.

In the course of the procedure, the party will be able to request the authority to conclude the contract, and if the authority considers it possible and appropriate to settle the matter by means of an administrative agreement, it should postpone the decision.

However, if the conclusion of the contract proves impossible, the Authority will decide by decision. On the part of the Authority, it will be an obligation to explain why it was justified to rule on the matter by decision and it was impossible to use the administrative agreement.

Simplified procedure

The provisions of the Code of Administrative Conduct also introduce a special simplified administrative procedure. Under this procedure, the evidence will be limited to evidence submitted by the party, including the request to initiate proceedings, and to evidence that can be established on the basis of the data available to the investigating authority.

Amended Act enters into force on 1 June 2017

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