Principles of administrative proceedings
Principles of administrative proceedings analyzing the Code of Administrative Procedures by its provisions, we understand that the legislator has devoted a particular chapter to some of its significant institutes, which are entitled principles. These institutes are analyzed in detail but, adapting to the reference title; I will present them in a group as follows:
1. The ways of initiating administrative proceedings provide that administrative proceedings may be formed by the administration or at interested parties’ request. In this case, there are two components, firstly the fact that the administration charged by the law for the protection of public interest can act ex officious. Secondly, only the interested parties are the ones who can set in motion a public administration body.
2. According to the proceeding body’s rights and duties about the interested parties, he must communicate to the latter through the initiation of proceedings by him. As a start, the body should take several steps to make it possible to identify the circle of entities whose legitimate interests may be affected by the actions taken during the proceedings, only in some cases when the administration is exempt from this obligation. For example, when the matter is secret or confidential, according to the classifications made by law, or when communication may compromise the proceedings’ effectiveness. This provision, analyzed for this thematic part, also gives the notification’s content elements to provide effect and realization of the act at a particular time, possible and favorable. The body must also notify and seek the opinion of interested parties, which is carried out at each stage of the proceedings considered necessary. Even for the proceeding process’s progress, there is also the obligation of the interested parties to be active in this cooperation not to hinder its progress.
3. When a proceeding is initiated at the request of interested parties, the provision uses the general term, the object of the claim is determined by it. In these cases, the body must expand the scope of the request, taking the steps it deems necessary when it assesses that the latter will impact the interests of the general public.
4. A reasonable time limit for completing the proceedings constitutes a guarantee for the interested parties. The provision stipulates that: “Administrative proceedings are completed within a period of 3 months, unless otherwise provided in special laws or when imposed by special situations. In the case of special situations, the administrative proceeding ends 3 months after the termination of the special situation. The non-observance of the time limits given by paragraph 1 of this article is justified by the responsible administrative body, to the body that comes immediately above it in the hierarchy, within 10 days from the end of the 3-month term or the termination of the special situation”.
Addressing the principles and highlighting those directly related to the procedure has been somewhat difficult and may even result in incomplete. Talking about the principles and, in particular, those of administrative law is a process that includes constitutional principles and genuine administrative ones. Thus, the treatment given in this chapter has not tried to present an exhaustive analysis of them because the relevant ones constitute the most important institutes of administrative, procedural law—this analysis aimed to highlight the origin of their place in the provisions of the KPA.
The conclusion reached is that the origin of administrative activity principles (its main pillars) derives from the Constitution. It is the great responsibility of the legislator to detail them and the bodies to implement them. It is quite optimistic that this is reflected in our Constitution being the same standard as developed European countries. In the analysis of the principles, I have pointed out that in terms of importance, the focus of legality occupies a special place. But taking into account the study of this principle, I reiterate that it would be necessary to articulate this principle more clearly. This is because it is quite challenging to prove the violation of the purpose of the law.
This can be ascertained after the final execution of the act and in some cases and after a long time or after a series of acts or other administrative actions have been issued. The analysis of the principles of administrative proceedings necessarily raises the idea of a better structuring of the proceedings by providing the mandatory appointment of an official responsible for the conduct of the proceedings, as the experiences of different countries give us models. This accountable person will focus on respecting manyof the rights of the parties to the proceedings.