Original scientific paper
https://doi.org/10.30925/zpfsr.44.1.7
Annulment and Revocation of an Unlawful Decision in the Administrative Procedure
Marko Šikić
; Faculty of Law, University of Zagreb
Ana Đanić Čeko
orcid.org/0000-0003-1325-7692
; Faculty of Law, University J. J. Strossmayer of Osijek
Abstract
The paper analyses the legal regulation of annulment and revocation of an
unlawful decision in the General Administrative Procedure Act. Annulment and
revocation of an unlawful decision is an extraordinary legal remedy that (albeit
under different names) has been continuously present in the norming of the general
administrative procedure in Croatia for almost a century. It has its roots in the General
Administrative Procedure Act from 1930. During the mentioned period, the institute
was changed, but it had always had strong authoritative and offi cial features. In this
paper, we will try to answer the basic questions imposed by the valid legal regulation
of the annulment and revocation of unlawful decisions in the General Administrative
Procedure Act. For this purpose, the positive-legal (de lege lata) organization of the
institute is briefl y presented at fi rst, followed by the need to modernize the institute
and the de lege ferenda proposals. The paper also refers to the historical development
of the institute in Croatian law and to some selected comparative legal solutions.
Keywords
administrative procedure; annulment; revocation; fi nality; legal validity; extraordinary legal remedies.
Hrčak ID:
300130
URI
Publication date:
15.4.2023.
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