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Bulgarian Administrative Procedure Code, part 1
Last update: 2008-08-21 02:49:14
TITLE ONE
GENERAL DISPOSITIONS
Chapter One
SUBJECT MATTER, SCOPE AND APPLICATION
Subject Matter
Article 1. This Code shall regulate:
1. the issuance, contestation and enforcement of administrative acts, as well as the judicial contestation of statutory instruments of secondary legislation;
2. the consideration and addressing of alerts and proposals by individuals and organizations;
3. the proceedings for compensation for detriment resulting from wrongful acts, actions or omissions by administrative authorities and officials;
4. the examination of requests to obligate an administrative authority to perform or to refrain from performing a specific action;
5. the activity concerning the standardization of administrative case law.
6. the enforcement of administrative acts and of judicial acts in administrative cases.
Territorial Scope and Applicability
Article 2. (1) This Code shall apply to administrative proceedings before all authorities of the Republic of Bulgaria, save insofar as otherwise established by a law.
(2) The provisions of this Code shall not apply to any acts:
1. of the National Assembly and of the President of the Republic;
2. whereby a right to initiate legislation is exercised;
3. whereby rights or obligations are created for any authorities or organizations subordinated to the authority which has issued the act, except where rights, freedoms or legitimate interests of individuals or legal persons are affected thereby.
Personal Applicability
Article 3. This Code shall apply to any foreigners who reside in the Republic of Bulgaria or who are participants in an administrative proceeding before a Bulgarian authority outside the Republic of Bulgaria, insofar as the Constitution and the laws do not require Bulgarian citizenship.
Chapter Two
FUNDAMENTAL PRINCIPLES
Legality
Article 4. (1) The administrative authorities shall act within the limits of the powers vested therein as established by the law.
(2) Administrative acts shall be issued for the purposes, on the grounds, and according to the procedure established by the law.
(3) The parties subject to the administrative process shall be obligated to exercise the rights and freedoms thereof without inflicting detriment on the State and the public and without affecting the rights, freedoms and legitimate interests of other parties.
Prevalence of Higher-Tier Statutory Instrument
Article 5. (1) Where any decree, regulations, ordinance, instruction or another statutory instrument of secondary legislation is in conflict with a higher-tier statutory instrument, the higher-tier instrument shall prevail.
(2) Where any law or statutory instrument of secondary legislation is in conflict with an international treaty, which has been ratified according to a procedure established by the Constitution, which has been promulgated, and which has entered into force for the Republic of Bulgaria, the international treaty shall prevail.
Proportionality
Article 6. (1) The administrative authorities shall exercise the powers vested therein reasonably, in good faith, and fairly.
(2) An administrative act and the enforcement thereof may not affect any rights and legitimate interests to a greater extent than the minimum necessary for the purpose for which the act is issued.
(3) Where an administrative act affects any rights or creates any obligations for individuals or for organizations, the measures which are more favourable to the said individuals or organizations shall applied if the purpose of the law can likewise be achieved in this manner.
(4) Should there be two or more legally conforming possibilities, the authority, in compliance with Paragraph (1), (2) and (3), shall be obligated to choose the possibility which is most economically feasible and is most favourable to the State and the public.
(5) The administrative authorities must refrain from any acts and actions which may inflict detriment manifestly disproportionate to the object pursued.
Truthfulness
Article 7. (1) Administrative acts shall be based on the actual facts relevant to the case.
(2) All facts and arguments relevant to the case shall be subject to assessment.
(3) The truth about the facts shall be established according to the procedure and by the means provided for in this Code.
Equality
Article 8. (1) All parties concerned with the outcome of the proceedings under this Code shall enjoy equal procedural opportunities to participate in the said proceedings for the defence of the rights and legitimate interests thereof.
(2) Within the limits of operational autonomy, similar cases shall be treated equally under equal conditions.
Ex Officio Initiation
Article 9. (1) Under the terms specified in the law, the administrative authority shall be obligated to initiate, to conduct and to conclude the administrative proceeding, save where the said authority is vested with a discretionary power to issue or not to issue the act.
(2) The administrative authority shall collect all evidence necessary even where the parties concerned have not made such a request.
(3) The court shall instruct the parties that they do no adduce evidence of certain circumstances relevant to adjudication in the case.
(4) The administrative authority and the court shall cooperate procedurally with the parties for a legally conforming and fair resolution of the issue which is the subject of the proceeding, including a settlement.
Independence and Impartiality
Article 10. (1) The administrative authority shall carry out the proceeding independently. A superior authority may not order an inferior authority to surrender thereto an issue within the competence of the inferior authority for settlement unless this is provided for by law.
(2) An official, who is interested in the outcome of a proceeding or who has relations with any of the parties concerned giving rise to reasonable doubts as to the impartiality of the said official, may not participate in the proceeding. In such case, the said official may be recued either on his or her own initiative or at a request by some of the parties concerned.
Celerity and Procedural Economy
Article 11. Procedural actions shall be performed within the time limits established by the law, and within the shortest time necessary according to the specific circumstances and the purpose of the action or of the administrative act.
Accessibility, Public Openness and Transparency
Article 12. (1) The authorities shall be obligated to ensure public openness, reliability and comprehensive coverage of the information in administrative proceedings.
(2) The parties shall exercise the right thereof to access to the information in the proceeding according to the procedure established by this Code, and the rest of the parties shall exercise the said right according to the procedure established by the Access to Public Information Act.
(3) No stamp duties shall be collected and no court costs shall be paid on any proceedings under this Code, unless so provided for therein or in another law, as well as in the cases of a judicial appeal against administrative acts and upon bringing a legal action under this Code.
Consistency and Predictability
Article 13. The administrative authorities shall disclose publicly in due time the criteria, the internal rules and the established practice in the exercise of the operational autonomy thereof for application of the law and achievement of the purposes thereof.
Language
Article 14. (1) The proceedings under this Code shall be conducted in the Bulgarian language.
(2) The persons who have no command of the Bulgarian language may use their native language or another language which they name. In such a case, an interpreter shall be appointed.
(3) Any documents presented in a foreign language must be accompanied by an accurate translation into the Bulgarian language. If the competent authority is unable itself to verify the accuracy of the translation, the said authority shall appoint a translator for the account of the party concerned, unless a law or an international treaty provides otherwise.
(4) The costs of translation shall be borne by the person who has no command of the Bulgarian language if the administrative proceeding was initiated at the request thereof, unless a law or an international treaty provides otherwise.
(5) Where a party or another participant in the proceeding is deaf-mute, deaf, mute or blind, an interpreter shall be appointed at the request of the said party or if the procedural actions would otherwise be impeded or become impossible to perform.
Chapter Three
PARTIES AND REPRESENTATION
Parties to Administrative Process
Article 15. (1) The administrative authority, the prosecutor and any individual or organization whereof the rights, freedoms or legitimate interests are or would be affected by the administrative act or by the judgment of court, or in respect of whom the said act or judgment would give rise to rights or obligations, may be parties to the administrative process.
(2) The existence of personal and direct standing shall not be required for the submission of a proposal or alert.
Participation of Prosecutor in Administrative Process
Article 16. (1) The prosecutor shall see to the observance of legality in the administrative process and, to this end:
1. shall take action for the reversal of legally non-conforming administrative and judicial acts;
2. where so provided for in this Code or in another law, shall participate in administrative cases;
3. shall initiate or join proceedings already instituted under this Code and where the prosecutor determines that an important State or public interest so requires.
(2) The prosecutor shall exercise the rights vested therein by the law in accordance with the rules established for the parties to the case.
(3) Upon participation in administrative cases, the prosecutor shall render a conclusion.
Representation of Administrative Authorities
Article 17. (1) The collective administrative authorities shall be represented by the chairpersons thereof of by other members of the authority empowered by the said chairpersons.
(2) The single-person authorities shall act in person or shall be represented by deputies empowered thereby.
(3) The administrative authorities may be represented before the court by authorization according to the procedure established by the Code of Civil Procedure.
Representation of Individuals and Organizations
Article 18. (1) Individuals and organizations shall be represented by law and by authorization according to the procedure established by the Code of Civil Procedure.
(2) Individuals and organizations may furthermore be represented before the administrative authorities by other individuals or organizations by a written power of attorney with notarization of the signature.
TITLE TWO
PROCEEDINGS BEFORE ADMINISTRATIVE AUTHORITIES
Chapter Four
GENERAL DISPOSITIONS
Competence Disputes
Article 19. (1) Any competence disputes between administrative authorities shall be settled by the common superior administrative authority thereof. Where there is no such authority, any such dispute shall be settled by a ruling by the competent administrative court, and where the authorities are within different geographical jurisdictions any such dispute shall be settled by the Sofia City Administrative Court.
(2) Any acts referred to in Paragraph (1) shall be unappeasable.
Settlement
Article 20. (1) In a proceeding before administrative authorities, the parties may reach a settlement should it do not come into conflict with the law.
(2) Settlement may be reached between the administrative authority and the parties to the proceeding or between the parties to the proceeding only. In the latter case, the administrative authority shall approve the settlement in writing.
(3) Settlement may be reached until the entry into effect or contestation of the administrative act before a court.
(4) Upon reaching or upon approval of a settlement under Paragraph (2), as the case may be, the administrative act shall be invalidated.
(5) Settlement shall be reached in writing and shall state: identification of the authority before which the settlement is reached, date of settlement, parties, subject matter and content of the settlement, note that the settlement was read and accepted, and signatures of the parties, as well as name and signature of the official.
(6) If the settlement concerns any questions whereof the addressing requires the opinion or consent of another authority, the settlement shall be reached after the said opinion or consent is obtained.
(7) If the settlement affects any rights or legitimate interests of a person who did not participate in reaching the said settlement, the settlement shall not give rise to effect until approved by the said person in writing. The written approval shall become an integral part of the settlement.
(8) The settlement shall supersede the administrative act.
Chapter Five
ISSUANCE OF ADMINISTRATIVE ACTS
Section I
Individual Administrative Acts
Individual Administrative Act Defined
Article 21. (1) "Individual administrative act" shall be an express declaration of will or a declaration of will expressed by an action or omission of an administrative authority or another authority or organization empowered to do so by a law, whereby rights or obligations are created or rights, freedoms or legitimate interests of particular individuals or organizations are affected, as well as the refusal to issue any such act.
(2) "Individual administrative act" shall furthermore be a declaration of will whereby pre-existing rights or obligations are declared or ascertained.
(3) "Individual administrative act" shall furthermore be a declaration of will for the issuance of a document relevant to the recognition, exercise or extinguishment of rights or obligations, as well as the refusal to issue any such document.
(4) "Individual administrative act" shall furthermore be the refusal by an administrative authority to perform or to refrain from performing a specific action.
(5) Any declarations of will, which are part of proceedings for the issuance or enforcement of individual or general administrative acts or which are part of proceedings for the issuance of statutory instruments, shall not be individual administrative acts.
Inapplicability of Proceeding
Article 22. The proceeding under this Section shall not apply to:
1. any administrative acts which, by virtue of a special law, are issued and enforced forthwith or a special proceeding is provided for, considering the nature of the said acts;
2. any individual administrative acts of the Council of Ministers.
General Competence
Article 23. (1) Where a statutory instrument does not specify the authority which must issue an administrative act on any matters with the competence of municipality authorities, the administrative act shall be issued by the municipality mayor and, in the cases covered under Article 46 of the Local Self-Government and Local Administration Act, by the mayoralty mayor or the borough mayor depending on the powers thereof.
(2) In the cases referred to in Paragraph (1), the acts related to management of state property shall be issued by the regional governors.
Initiative to Initiate Proceeding
Article 24. (1) A proceeding for the issuance of an individual administrative act shall be initiated on the initiative of the competent authority or at the request of an individual or an organization and, in the cases provided for in the law, by the prosecutor, the ombudsman, the superior or another state body.
(2) A proceeding for the issuance of an individual administrative act shall be initiated at the request of a state body where the said body has been approached with another request for the issuance of an administrative act but the said administrative act cannot be issued without the issuance of the administrative act requested on the part of the said body.
Date of Initiation
Article 25. (1) The date of initiation of a proceeding shall be the date on which the competent administrative authority whereto the request has been submitted receives the said request.
(2) Where, without a need to submit a request, an obligation arises for a specific authority directly by virtue of a law to issue an individual administrative act or to make a proposal for the issuance of any such act, the date of initiation of the proceeding shall be the date on which the obligation arose, save as where otherwise provided for in the said law.
(3) In the cases other than those provided for in Paragraphs (1) and (2), the date of initiation of a proceeding on the initiative of the authority competent to issue the act shall be the date of performance of the first procedural action under the said act.
Obligation to Notify
Article 26. (1) The known individuals and organizations concerned, other than the applicant, shall be notified of the initiation of the proceeding. If the time limit for close of the proceeding exceeds seven days, the notification shall include information on the latest date on which the act must be issued.
(2) If the address or other possible modes of notification (telephone, telefax, electronic mail) of the individuals and organizations concerned are unknown, communication shall be effected according to the procedure established by Article 61 (3) herein.
Admissibility of Request and Parties to Proceeding
Article 27. (1) Upon submission of a request for institution or for joinder of the proceeding or upon receipt of the notification referred to in Article 26 herein, the applicant, the individuals and organizations concerned who and which have been impleaded or have joined the proceeding shall become parties to the proceeding for the issuance of an individual administrative act.
(2) The administrative authority shall verify the prerequisites for the admissibility of the request and for the participation of the individuals or organizations concerned in the proceeding for the issuance of the individual administrative act:
1. lack of an effective administrative act with an identical subject matter and parties;
2. lack of an administrative proceeding with an identical subject matter pending before the identical authorities and with the participation of the identical party, regardless of whether in the phase of issuance or contestation;
3. presence of a matter lying within the competence of another authority, where the act cannot be issued without the said matter being addressed theretofore;
4. capacity to act of the individuals and procedural legal capacity of the organizations;
5. existence of standing of the applicant, the individuals and organizations who and which have been impleaded or have joined the proceeding;
6. existence of other special requirements established by a law.
Cooperation and Information from Administrative Authorities
Article 28. (1) In the exercise of the powers thereof, the administrative authorities:
1. shall ensure generally accessible, accurate, systematized and comprehensible information on the competence of the said authorities;
2. shall ensure access to the standard forms and assist in the completion thereof;
3. shall provide comprehensive information on the time limits applicable to the proceeding and on the fees due;
4. shall afford a possibility that the requests for the issuance of acts be submitted at the territorial divisions of the authority and, if practicable, and/or at the municipalities, indicating exhaustively the place and manner of such submission;
5. shall organize the activity thereof in such a manner that, if practicable, they service the individuals and organizations concerned in a single place on a single office premise, and this requirement shall furthermore apply to the territorial units of the administrative authorities;
6. shall arrange office hours suitable for individuals and organizations.
(2) The administrative authorities shall announce the information covered under Paragraph (1), as well as information on the possibilities to submit or receive documents by electronic means on the Internet site of the said authorities, on the official notice board thereof, in brochures available to any interested person, through explanations by the officials receiving the requests, or in another suitable way.
(3) Any relevant officials, who fail to fulfil the requirements under Paragraphs (1) and (2), shall incur administrative penalty liability according to the procedure established by this Code, without this affecting the validity of the administrative act.
Form of Request for Initiation of Proceeding
Article 29. (1) Unless otherwise provided for in a special law, the request for the issuance of an individual administrative act shall be submitted in writing or orally.
(2) A written request shall state the full name and address of the individual or organization wherefrom the said request originates, the nature of the request, date and signature. The applicant shall be obligated to state a telephone and telefax number and an electronic mail address, if available. The request shall furthermore contain other mandatory elements if such are provided for in a special law.
(3) The official who receives the request shall confirm the submission thereof by written entry.
(4) Depending on the technical facilities available, a written request and the attachments thereto may be submitted by electronic mail, by telefax or by any other means announced by the authority as technically feasible.
(5) A request submitted orally shall be recorded in a memorandum which shall be signed by the applicant and by the official who drew up the said memorandum.
(6) The administrative authority shall receive oral requests during the office hours open to the public and written requests during the office hours of the said authority. Any requests submitted by post, by electronic mail, by telefax or by other technically feasible means prior to the expiry of a specific time limit, even after the office hours of the authority, shall be considered as having been submitted in due time. In the latter case, the time limits to be respected by the administrative authority for making a decision shall begin to run as from the next succeeding working day.
Rectifying Deficiencies in Request
Article 30. (1) Where a written request does not carry any signature, the administrative authority, when in doubt whether the said request originates from the individual or organization named therein, shall require confirmation of the said request by a hand-written or electronic signature within three days after communication. Upon failure to submit such confirmation in due time, the proceeding shall be terminated.
(2) If the request does not satisfy the rest of the requirements of the law, the applicant shall be notified for rectification of the defects within three days after communication with the proviso that failure to rectify will cause termination of the proceeding.
(3) The time limit to be respected for pronouncement shall begin to run as from the date of rectification of irregularities.
Redirection to Competent Authority
Article 31. (1) The request shall be addressed to the administrative authority competent to address the matter.
(2) Where the authority which has initiated the proceeding finds that the individual administrative act must be issued by another administrative authority, the former authority shall forthwith transmit the case file to the latter authority, notifying the party on whose initiative the proceeding has been initiated, as well as the individuals and organizations concerned who or which have been impleaded theretofore.
(3) Any request submitted in due time to a non-competent authority shall be considered as having been submitted in due time.
(4) Where the competent authority cannot be determined on the basis of the data in the request or where it is evident from the said data that the said request must be addressed to the court, the authority whereto the said request has been submitted shall return the said request to the applicant with brief written or oral directions.
(5) If the request affects several matters to be considered by multiple authorities, the administrative authority whereto the said request has been submitted shall institute a proceeding for consideration of the matters falling within its competence. Simultaneously, the said authority shall notify the applicant that a separate request on the rest of the matters must be submitted to the relevant authority. Paragraph (3) shall apply in such cases.
Related Proceedings
Article 32. A single proceeding affecting multiple parties may be initiated and conducted in proceedings in which the rights and obligations of the parties arise from an identical state of facts and which fall within the competence of an identical administrative authority.
Recusal
Article 33. (1) Where there exist grounds for recusal under Article 10 (2) herein, the official shall be removed from participation in the proceeding either on his or her own initiative or at the request of a participant in the proceeding.
(2) The request for recusal shall be submitted forthwith upon learning of the grounds therefore. The official in respect of whom any grounds for recusal have arisen shall take solely actions which brook no delay in order to protect important State or public interests and to prevent a risk of frustration of or material impediment to the enforcement of the act or in order to protect a particularly important interest of an individual or organization concerned.
(3) Any disputes under Paragraph (2) shall be settled by the immediately superior authority, if any.
Participation of Parties in Proceeding
Article 34. (1) The administrative authority shall afford the parties an opportunity to inspect the documents under the case file, as well as to take notes and obtain excerpts or, depending on the technical possibilities available, copies at their own expense.
(2) Upon request by a party with impaired vision, the authority shall familiarize the said party with the content of the case file by means of reading or in another suitable way, depending on the technical facilities available.
(3) The administrative authority shall afford the parties an opportunity to express an opinion on the evidence collected, as well as on the requests submitted, setting a time limit which may not exceed seven days. The parties may submit written requests and objections.
(4) The administrative authority may not apply Paragraphs (1), (2) and (3) solely in case the addressing of the matter brooks no delay, in order to ensure the life or health of individuals or to protect important State or public interests. The administrative authority shall state the reasons for non-application of Paragraphs (1), (2) and (3) in the reasoning of the act issued.
Clarification of Facts and Circumstances
Article 35. The individual administrative act shall be issued after clarification of the facts and circumstances relevant to the case and consideration of the explanations and objections of the individuals and organizations concerned, should any such explanations and objections have been given and lodged, as the case may be.
Collection of Evidence
Article 36. (1) Evidence shall be collected by the administrative authority on its own initiative, except in the cases provided for in this Code or in a special law.
(2) The parties shall assist the authority in the collection of evidence. They shall be obligated to present evidence which is in their possession and not on the possession of the administrative authority. In all cases where a special law exhaustively determines the evidence which the individual or organization must present, the administrative authority shall not have the right to require presentation of other evidence from the said individual or organization.
(3) All evidence collected shall be verified and assessed by the administrative authority.
Evidence
Article 37. (1) Any data, which are related to any facts and circumstances relevant to the rights and obligations or the legitimate interests of the individuals or organizations concerned and which are ascertained according to the procedure provided for in this Code, may serve as evidence in the proceeding for the issuance of an individual administrative act.
(2) Any commonly known facts, any facts which are presumed by the law, as well as any facts which are known to the authority ex officio, shall not be subject to proving.
Respect for Parties' Secrecy
Article 38. The parties to the proceeding shall be entitled to require that the matters of confidential nature, including such relating to the private lives of the said parties, the industrial and professional secrets thereof, be not revealed except in the cases provided for in the law.
Instruments of Evidence
Article 39. (1) The facts and circumstances shall be ascertained by means of explanations, statements by the parties or by representatives thereof, information, instruments of written and physical evidence, conclusions by experts and other instruments which are not prohibited by a law, unless a special law prescribes the use of other instruments as well for the demonstration of certain facts and circumstances.
(2) Any instruments of evidence, which have not been collected or prepared under the terms and according to the procedure established by this Code, or according to the procedure established by the special laws, shall be inadmissible.
Written Evidence
Article 40. (1) Written evidence shall be admitted for ascertainment of all facts and circumstances relevant to the proceeding.
(2) The force of written evidence shall be determined in conformity with the statutory instruments which were effective at the time and in the place where the said evidence was drawn up, unless this is incompatible with any provisions of Bulgarian law. Where a foreign law is applicable to a document, this shall be proven by the party providing the said document.
(3) The administrative authority shall assess the probative force of a document containing any crossings, deletions, insertions between lines and other external defects vis-a-vis all circumstances and facts collected in the course of the proceeding.
Collection of Documents from Parties and from Persons Non-participating
in Proceeding
Article 41. (1) Upon and in connection with a pending proceeding, each of the parties may request, through the agency of the administrative authority, that another party to the proceeding present, within three days after the request, certified copies of any own or another's documents in the possession of the said party which are relevant to the case.
(2) Upon and in connection with a pending proceeding, each party may request, through the agency of the administrative authority, that individuals and organizations non-participating in the proceeding present, within three days after the request, certified copies of any own or another's documents in the possession of the said individuals and organizations which are relevant to the case.
(3) Any non-participating individual or organization, who or which fails to present the requested document without good reason, shall be liable to the party for the detriment inflicted thereto.
Certification on Obtaining Documents from State Bodies
Article 42. At the request of the party, the authority conducting the proceeding shall issue a certificate by virtue of which the State bodies, municipal and judicial authorities are obligated to supply the said party with another certificate or with the documents needed in connection with the determination of the rights and obligations of the said party. The certificate due from the authority conducting the proceeding shall be issued within three days after the date of request, and the certificates and documents due from the other authorities shall be issued within five days after the date of request.
Written Statements
Article 43. The administrative authority may not refuse to accept a written statement whereby facts and circumstances are ascertained in respect of which a special law does not provide for demonstration in a particular way or by particular means. The said authority may likewise accept a written statement whereby facts and circumstances are ascertained in respect of which a special law provides for proving by means of an official document where such a document has not been issued in Bulgaria within the time limit set for this purpose, except where a statutory instrument provides for otherwise in respect of particular types of documents.
Information from Persons Non-participating in Proceeding
Article 44. (1) The administrative authority may request information from persons non-participating in the proceeding, where this is necessary for clarification of material facts and circumstances relevant to the proceeding which cannot be ascertained in another way.
(2) Any such information shall be provided in writing. The said information shall be signed by the persons who have provided it and shall be countersigned by the administrative authority or by an official designated thereby.
(3) Where the person cannot provide information in writing, the said person shall be summoned to provide such information orally to the administrative authority or an official designated thereby. Any such information shall be recorded and shall be signed by the authority or the official, stating the name and position thereof, and shall be countersigned by the person.
(4) The administrative authority shall explain to the persons referred to in Paragraph (1) that should the administrative act be contested before the court, they may be questioned as witnesses.
(5) The parties to the proceeding shall be entitled to access to the information provided according to the procedure established by Paragraphs (2) and (3).
Elucidations by Party
Article 45. (1) The administrative authority may summon a party to the proceeding to provide elucidations, should this be necessary for clarification of the case or for performance of the actions undertaken, as well as where a special law so provides.
(2) In the cases under Paragraph (1), a hearing shall be scheduled whereat all parties to the proceeding shall be invited to attend. The parties to the proceeding may put questions to the elucidator through the agency of the authority conducting the proceeding.
Special Procedure for Performance of Certain Procedural Actions
Article 46. (1) The administrative authority may request from the relevant territorial administrative authority to summon a person who has an address or a registered office and address of a place of management, as the case may be, in another municipality, to provide information, explanations, elucidations or to perform other actions related to the proceeding in progress. The authority before which the proceeding is pursued shall determine the circumstances which are subject to the information, explanations, elucidations or actions which must be performed. In case there is no territorial administrative authority vested with the same competence in the relevant municipality, the administrative authority may approach the relevant municipality or mayoralty.
(2) Upon the oral hearing referred to in Paragraph (1), a memorandum shall be drawn up, containing the name of the person who provided information, explanations or elucidations, the information material to the case, the signature, name and position of the official who drew up the memorandum, and the date of drawing up.
(3) The administrative authority may furthermore receive information, explanations or elucidations by telephone if there is no reason to doubt the identity of the provider.
Summons Content and Expenses upon Summoning
Article 47. (1) The summons shall state:
1. designation and address of the administrative authority;
2. name, address or registered office and address of a place of management, as the case may be, of the person summoned;
3. the specific proceeding, the capacity in which the person is summoned, and the specific procedural actions for the performance of which the person is summoned;
4. whether the person must appear in person or may be represented by an authorized representative, or must provide information, explanations or elucidations in writing;
5. the time limit where within the person must appear, or the day, hour and place for appearance of the person or of the authorized representative thereof;
6. the legal consequence of non-appearance.
(2) Any person referred to in Article 44 (3) herein, who has an address in another municipality and who has appeared in person when summoned except in the cases referred to in Article 46 (1) herein, shall be allowed travel and other expenses. The said expenses shall furthermore be allowed upon the personal appearance of a party where the proceeding has been instituted at the request of another party or ex officio. The request that the expenses be allowed shall be addressed to the authority conducting the proceeding prior to the issuance of the act. The expenses shall be allowed according to standard specifications determined by the Minister of Finance.
Right to Refuse to Provide Information, Explanations and Elucidations
Article 48. (1) The right to refuse to provide information, explanations and elucidations shall be limited to:
1. the lineal relatives to an individual concerned who participates in the proceedings, the spouse and siblings of any such individual, as well as the affines thereof up to the first degree of affinity;
2. the persons who, by the replies thereof, would incur immediate detriment, disgrace or criminal liability for themselves or for any relatives covered under Item 1.
(2) The lawyers, the ministers of religion and the persons who, by law, are obligated to respect the professional secrecy of a party to the proceeding, may refuse to provide information obtained in this capacity.
(3) The information protected by law may be provided solely under the terms and according to the procedure established by the relevant law.
Expert Examination
Article 49. (1) An expert examination shall be assigned where the clarification of certain matters that have arisen requires special expertise in the sphere of science, art, the crafts and other such that the authority does not possess.
(2) If the subject of examination is complicated or composite, the authority may appoint multiple experts.
(3) The administrative authority which has assigned the expert examination shall verify the identity of the expert, the relations thereof with the parties, as well as the existence of any grounds for recusal. The grounds for recusal of an expert shall be the same as those applicable to a recusal of an administrative authority.
(4) All authorities, individuals or organizations in possession of any materials as shall be necessary for the expert examination shall afford the expert access to the said materials in accordance with the access to the level of classified information for which the said expert is cleared.
(5) The expert shall identify himself or herself by a certificate issued by the authority which assigned the expert examination.
Excuse of Expert
Article 50. An expert shall be excused from the assignment thereof where the said expert is unable to fulfil the said assignment by reason of disease or lack of qualifications in the relevant field or by other valid reasons. The said expert may furthermore decline the assignment in all cases in which a refusal to provide information by a third party is admissible.
Expert Findings
Article 51. (1) The expert shall perform the expert examination within the time limit set.
(2) After conducting the necessary checks and investigations, the expert shall draw up written findings.
(3) The expert may not modify, supplement or expand the assignment thereof without the consent of the authority which assigned the expert examination.
(4) The expert shall submit the written findings thereof to the relevant authority together with transcripts for the parties, and the said findings shall be attached to the case file under the proceeding.
(5) The administrative authority shall assess the findings of the expert together with the other evidence collected in the course of the proceeding.
(6) If the authority disagrees with the findings of the expert, the said authority shall provide reasons in the act.
Inspection
Article 52. (1) The administrative authority shall conduct an inspection only where the case cannot be clarified through the use of other means for the collection of evidence.
(2) At the request of the authority, third parties who possess the subject of inspection shall make the said subject available to the authority or shall ensure access thereto.
Consent or Opinion of Another Authority
Article 53. (1) Where a special law requires the consent or opinion of another authority and unless otherwise provided, the administrative authority conducting the proceeding shall immediately approach the said authority for cooperation.
(2) The other authority shall react to the query within a time limit set by the authority conducting the proceeding which may not be longer than fourteen days.
(3) If the other authority fails to pronounce in due time, consent on the part thereof shall be presumed.
(4) If the opinion is not communicated within the time limit set, the act shall be issued without the said opinion.
Suspension of Proceeding
Article 54. (1) The administrative authority shall suspend the proceeding:
1. in case of death of an individual concerned who is a party to the proceeding;
2. where guardianship or custodianship has to be arranged for an individual concerned who is a party to the proceeding;
3. where incriminating circumstances are detected in the course of the proceeding whereof the establishment is relevant to the issuance of the act;
4. where the Constitutional Court has admitted the consideration on the merits of a petition contesting the constitutionality of an applicable law;
5. if another administrative or court proceeding has been instituted and the act may not be issued prior to the close of the said proceeding; in such cases, suspension shall be decreed after presentation of a certificate of the existence of an instituted proceeding issued by the authority before which the said proceeding has been instituted;
6. where the parties submit an application on reaching a settlement.
(2) The administrative authority shall not suspend the proceeding in the cases referred to in Item 1, 2 and 4 of Paragraph (1) if suspension may endanger the life or health of individuals or jeopardize important State or public interests.
(3) Upon suspension of the proceeding, the time limits provided for the issuance of the act shall cease to run.
(4) The administrative authority shall inform the parties to the proceedings of the suspension of the proceeding according to the procedure for communication of the act.
(5) The act on suspension of the proceeding shall be appealable according to the procedure established by Section IV of Chapter Ten herein.
Resumption of Suspended Proceeding
Article 55. (1) The proceeding shall be resumed ex officio or at the request of one of the parties, after the grounds for the suspension thereof have lapsed.
(2) Upon resumption, the proceeding shall commence from the action whereat the proceeding was suspended.
Termination of Proceeding
Article 56. (1) The administrative authority shall terminate the proceeding at the request of the party on whose initiative the proceeding was initiated, unless otherwise provided for in a law.
(2) The administrative authority shall furthermore terminate the proceeding in the cases referred to in Article 30 (1) and (2) herein.
(3) The administrative authority shall inform the parties to the proceedings of the termination of the proceeding according to the procedure for communication of the act.
(4) The act on termination of the proceeding shall be appealable according to the procedure established by Section IV of Chapter Ten herein.
Time Limits for Issuance of Individual Administrative Act
Article 57. (1) The administrative act shall be issued within fourteen days after the date of initiation of the proceeding.
(2) The administrative act referred to in Article 21 (2) and (3) herein shall be issued within seven days after the date of initiation of the proceeding.
(3) Where the issuance of an act or the performance of an action under Paragraph (2) includes an expert examination or where the personal participation of the person concerned is required for the performance of the said expert examination, the act shall be issued within fourteen days.
(4) Any case files, which may be considered on the basis of evidence presented together with the request or the proposal to initiate a proceeding, or on the basis of commonly known facts, officially known facts or legal presumptions, shall be resolved immediately but not later than seven days.
(5) Where necessary to collect evidence on material circumstances or to allow other individuals and organizations to defend themselves, the act shall be issued within one month after initiation of the proceeding.
(6) Where the authority is collective, the question of the issuance of the act shall be addressed not later than at the first meeting after the expiry of the time limits referred to in Paragraphs (1) to (5).
(7) Where another authority has to be approached for consent or opinion, the time limit for the issuance of the act shall be presumed to have been extended accordingly, but this extension may not exceed fourteen days.
(8) In the cases under Paragraphs (5), (6) and (7), the administrative authority shall notify the applicant immediately of the extension of the time limit.
Tacit Refusal and Tacit Consent
Article 58. (1) Non-pronouncement in due time shall be considered as a tacit refusal to issue the act.
(2) Where the proceeding has been instituted before a specific authority and the said authority is supposed to make a proposal to another authority for the issuance of the act, a tacit refusal shall occur regardless of whether the authority issuing the act was approached with a proposal.
(3) Where a tacit refusal is reversed by an administrative or judicial procedure, the express refusal which follows prior to the decision on reversal shall likewise be considered reversed.
(4) Non-pronouncement in due time shall be considered as a tacit consent in the cases and under the terms provided for in special laws.
Form of Individual Administrative
Article 59. (1) The administrative authority shall issue or shall refuse to issue the act by a reasoned decision.
(2) Where the administrative act is issued in writing, the said act shall state:
1. designation of the issuing authority;
2. designation of the act;
3. addressee of the act;
4. grounds of fact and law on which the act is issued;
5. operative part, wherein the rights or obligations, the manner and time limit for enforcement are specified;
6. direction regarding costs;
7. identification of the authority and time limit for appeal of the act;
8. date of issue and signature of the person who issued the act, indicating the position thereof; where the authority is collective, the act shall be signed by the chairperson or by a deputy chairperson.
(3) Verbal administrative acts, as well as administrative acts expressed through actions or omissions, shall be issued solely where so provided for in a law.
Anticipatory Enforcement
Article 60. (1) The administrative act shall include a direction on the anticipatory enforcement thereof, where this is required in order to ensure the life or health or individuals, to protect particularly important State or public interests, to prevent a risk of the frustration or material impediment of the enforcement of the act, or where delay in enforcement may lead to a significant or irreparable detriment, or at the request of some of the parties in protection of a particularly important interest thereof. In the latter case, the administrative authority shall require a relevant guarantee.
(2) Anticipatory enforcement may be admitted even after the act is rendered.
(3) A second request by a party under Paragraph (1) may be submitted solely on the basis of new circumstances.
(4) The direction whereby anticipatory enforcement is admitted or refused shall be appealable through the agency of the administrative authority before the court within three days after communication, regardless of whether the administrative act has been contested.
(5) The appeal shall be considered immediately in camera, and transcripts of the said appeal shall not be served on the parties. Any such appeal shall not stay the anticipatory enforcement as admitted, but the court may stay the said enforcement until final adjudication in the appeal.
(6) When revoking the direction appealed, the court shall adjudicate in the case on the merits. If the anticipatory enforcement is revoked, the administrative authority shall restore the status quo ante the enforcement.
(7) The ruling of the court shall be appealable.
Communication
Article 61. (1) The administrative act and, respectively, the refusal to issue an act, shall be communicated within three days after the issuance thereof to all persons concerned, including those who did not participate in the proceeding.
(2) Communication may be effected through oral notification of the content of the act, which shall be certified by a signature of the notifying official, or through dispatch of a written communication, inter alia via electronic mail or telefax, if the party has named such address or number.
(3) Where the address of some of the persons concerned is unknown or the said person has not been reached at the address named thereby, the communication shall be posted on the notice board, on the Internet site of the relevant authority, or shall be announced in another customary manner.
Correction of Apparent Error of Fact, Supplementation and Interpretation
Article 62. (1) The administrative authority may rectify any deficiency in the act prior to the expiry of the time limit for appeal. The persons concerned shall be informed of the modifications made. The decision to rectify the deficiencies shall be appealable according to the procedure established by this Code.
(2) Apparent errors of fact made in the administrative act shall be corrected by the issuing authority even after the expiry of the time limit for appeal. The persons concerned shall be informed of the correction of apparent errors of fact. The decision to correct shall be appealable according to the procedure established by this Code.
(3) The authority which has issued the decision shall explain in writing the actual content thereof at the request of the parties. The act on interpretation shall be appealable according to the procedure established by this Code.
Directions on Progress of Proceeding
Article 63. Directions on progress of the proceeding shall be issued solely in the cases provided for in this Code or in a special law. Any such directions shall contain a name and a designation of the position of the issuing official, a date of issue and signature.
Unappealability
Article 64. The administrative procedural actions of the administrative authority concerning the issuance of the act shall not be subject to separate appeal, unless otherwise provided for in this Code or in a special law.
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