Handling tip-offs for initiation of administrative proceedings ex officio

Jurisprudence 2/2021 Section: Articles Page: 28-36

Keywords: initiation of administrative proceedings ex officio, handling tip-offs, requirements of notification of handling tip-offs, public subjective rights, judicial protection, inaction

Abstract: The subject of this article is the issue of handling tip-offs for the initiation of administrative proceedings ex officio. This article deals with the existence of form and content requirements of the notification of handling tip-offs, which the administrative authority must comply with. It also deals with the rights of the person filing the tip-off, i.e. whether the rights of a person filing the tip-off may be affected by the handling of tip-offs by the administrative authority, and if so, which right may be affected. This may result both by notification according to the Article 42 of the Administrative Procedure Code or the inaction of the administrative authority. Related to this is the question of the existence of instruments to protect the potential rights of the person filing the tip-off.

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