Summary

This follow-up to the article started in the previous Juridica analyses positions voiced and interpretation given to judgments of the Supreme Court in administrative proceedings last year. The author focuses on the most significant requirements for the substance and form of administrative legislation (the legal basis and matters related to substantiating administrative legislation), and examines the legal effects of formal errors (procedural and formal errors). The author points out matters that an administrative court is to investigate in establishing the legal bases. Also, the author analyses the application of law in cases where an Act underlying the respective administrative act has been amended during the administrative proceedings. Relying on the case law, the author emphasises that the reasons for a specific administrative act must include both factual and legal aspects and that such reasons must be rational, understandable and verifiable. Also, the author explains that formal errors in an administrative act and procedural errors lead to the invalidation of the act only if violations have been material.
Further, the author focuses on matters regarding the validity of administrative legislation: the communication of such legislation as a precondition for its validity, the relations between validity and legality, and invalidation by an administrative authority. The author analyses the positions developed in the case law in matters concerning provision of information on the form of an administrative act and proving such provision of information. The author points out the unlawfulness of an administrative act will not automatically bring about its invalidity. Finally, the author examines the principle of trust in administrative legislation that may be prejudiced by an administrative authority itself by invalidating it.