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Defects (of administrative acts) and time

Publication at Faculty of Law |
2019

Abstract

The standard distinction of administrative acts defects is associated with categories of repairableness, incorrectness, illegality and nullity. Particular attention should also be paid to the incompleteness and redundancy of the content of the administrative act, as well as to the attributability of procedure irregularities to the final act.

The possibility or obligation to remove some defects of administrative acts is explicitly limited in time. For other defects, the passage of time does not matter.

Where no remedial deadline is set, some implicit restriction applies (the defect should be corrected if it still makes sense). The requirement of legal certainty justifying the setting of time limits is often confronted with the requirement of justness and reasonableness; the solution to this conflict is the concept of nullity, especially in the form of a general reason for nullity.