ANNULMENT AND REVOCATION OF AN UNLAWFUL DECISION IN THE ADMINISTRATIVE PROCEDURE

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 official 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 briefly presented at first, 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.