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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 43 No. 3, 2022.

Review article

https://doi.org/10.30925/zpfsr.43.3.18

ANNULMENT OF DECISIONS IN THE ADMINISTRATIVE PROCEDURE

Marko Šikić ; Faculty of Law, University of Zagreb, Zagreb, Croatia

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Abstract

The paper analyses the regulation of annulment of decisions as a legal sanction
against unlawful and irregular acts in the administrative procedure. The introduction
gives a brief presentation of basic terms and concepts: wrong acts, unlawful and
irregular acts, void and rebuttable acts, incorrect acts, presumption of the validity
of the administrative act and the sanctions of annulment and revocation of unlawful
and irregular administrative acts. Further in the paper, all the cases of annulment of
decisions in first and second instance administrative procedures prescribed by the
Code of Administrative Procedure are analysed, in procedures on the occasion of
extraordinary appeal and in the execution procedure. In the conclusion, the basic
theses elaborated in the paper are briefly presented and the conclusion advocates for
the normative regulation of annulment of decisions in the administrative procedure
that would fully follow the principles of proportionality and the protection of acquired
rights of the parties in the administrative procedure.

Keywords

wrongful administrative acts; annulment; revocation; administrative procedure; ordinary and extraordinary remedies

Hrčak ID:

287860

URI

https://hrcak.srce.hr/287860

Publication date:

20.12.2022.

Article data in other languages: croatian

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