PROCEDURE FOR ISSUING OF ADMINISTRATIVE ACTS

Abstract

In the brief overview of the procedure for enacting an administrative act it is stated that in the German understanding the administrative procedure with its inherent control mode, goal orientation and role of the various institutions and bodies as well as persons involved in the intermediary role between constitutional requirements and administrative reality is not purely technical one. The authority decides ex officio about the opening of the procedure except a citizen applied for, it decides at its discretion except when it must act ex officio how to proceed. Its important principles named as informality, simplicity, expediency, speed, obligation t o cooperate and freedom of form. Special importance is attributed to the principle of officiality of the investigation of a given case. The relevance of circumstances arises from the relevant legal norms and – i case of – discretionary decisions. The extent of the proof and the burden of proof are also important for the scope of the official investigation principle. Authorities are obliged to grant the citizen a right to be heard in the administrative procedure and to influence the course and outcome of the procedure. It carries direct and indirect external impact, revealing the basic understanding of relations between the state and the individual derived from the constitution. Equal treatment of all citizens and material substantivity proves the rule of law and prohibits the abuse of power at the expense of the citizen.