Summary

The article contains the positions and interpretations expressed by the Administrative Chamber of the Supreme Court last year regarding the procedure for the issue of administrative legislation, and the general requirements for and validity of the legality of administrative legislation. As of 1 January 2002, these matters are regulated by the Administrative Procedure Act. A considerable number of the provisions of the new Act express the general constitutional principles of administrative law, which the courts have been applying in checking the legality of administrative legislation. Therefore, it is necessary to analyse how the new Act changes the requirements for administrative judgments and whether the former positions of administrative courts can still be resorted to after entry into force of the new Act. Several rules of law provided for in the Act leave room for the courts to decide at their own discretion. The author points out that the existing administrative case law is the fulcrum of application of the new Administrative Procedure Act.