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Instytucja materialnoprawna cofnięcie uprawnienia

100%

Trybka W.

Przegląd Sejmowy

2018

issue 2(145)

89–103

The principle of sustainability of fi nal administrative decisions is fundamental for administrative proceedings. An addressee of an administrative act may be deprived of his/her administrative legal right only when prerequisites are fulfi lled, specifi ed in the provisions of substantive and procedural administrative law. The deprivation of an acquired right takes place via an administrative act, after administrative proceedings had been conducted. The removal of an administrative decision from the legal system may take place for various reasons. An organ of public administration authoritatively interferes in the legal situation of the addressee of an administrative act, using the legal institution normalized in Article 163 of Code of Administrative Proceedings, which allows the annulment or modification of an administrative decision, on the basis of which the addressee gained his/her right. The practical employment of this provision requires co-applying provisions of substantive and procedural administrative law. The substantive law institution of the withdrawal of rights is a specific link between procedural and substantive provisions. It is only applied to fi nal administrative acts. The proceedings initiated pursuant to Article 163 of the Code of Administrative Proceedings are based on different principles than extraordinary the administrative proceedings in emergency mode.

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Instytucja materialnoprawna cofnięcie uprawnienia