Slovakia: Administrative Procedural Code
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 1 January 1968 |
| Cite as | Slovakia: Administrative Procedural Code [Slovakia], 1 January 1968, available at: https://www.refworld.org/docid/3ae6b50410.html [accessed 3 June 2023] |
| Comments | This is an unofficial translated consolidation of the Code, No. 71/1967 with amendments up to February 1997. Only selected provisions are provided here. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
SECTION 4 The decision
§ 46
The decision shall follow the law and other legal regulations, shall be issued by competent authority, must decide by truly clarification of the state of the case and must contain prescribed appropriateness.§ 47 The appropriateness of the decision
1. The decision must contain statement, reasoning and precept about an appeal. The reasoning was not necessary if the participants in the procedure would be fully satisfied.
2. The statement contains decision in the case and adduces provisioned legal regulations, under that decided or the decision about the obligation of the payment of the costs of the procedure. If the decision orders to the participant of the procedure the obligation filled by administrative authority that constitutes the time limit, which must not be sooner than special legal regulation constitutes.
3. In the reasoning of the decision the administrative authority adduces that circumstances where the basis for the decision, that considerations were accessible in the judging of the evidences and that legal regulations has decided.
4. The precept about the appeal contains the fact, whether or not it is the final decision or in what time limit, to which authority and where it can be sent.
5. The decision in writing shall include the authority that issued decision, the date of the issue, the first names and the surnames of the participants of the procedure. The decision shall include authority seal and the signature with the name, surname and the post of entitled person. Special legal regulations shall constitute other appropriateness of decision.
6. The administrative authority corrects and informs anytime and without proposal the participants of the procedure about all mistakes in writing, in counting and other mistakes.
§ 49 The time limit for the decision
1. The administrative authority decides without delay in the simple cases especially when it shall choose on the base of the documentation submitted by the participant of the procedure.
2. In other cases, if the special legal regulation does not constitute something different, the administrative authority is obliged to decide in the case within 30 days from the commencement of the procedure, on some case difficult cases decides within 60 days.
If there is no possibility with regard to the nature of the case to decide in this time limit, the authority of appeal shall prolong the time limit. If the administrative authority shall not decide within 30 days, or within 60 days, it is obliged to inform the participant of the procedure and to submit the titles.
§ 50 The arrangements against inactivity.
If the nature of the case permits and it is possible to reach the remedy otherwise, the administrative authority, which would be entitled to decide about the appeal can decide in the case by itself, unless the administrative authority competent to decide did not commence the procedure though it is obliged or, unless did not decide in the time limit constituted in § 49 par. 2.§ 51 The notification of the procedure.
1. The decisions are delivered to the participant of the procedure in writing of this decision. The date of delivery is the date of its notification.
2. It is possible to read the decision to the participant of the procedure in case of his presence. The date of oral proclamation of decision should be the date of notification of the decision, only if the present participant of the procedure gave up for delivery of decision in writing.
§ 52 Forcibility and execution of decision.
1. The decision that one shall not lodge an appeal is forcible.
2. The decision shall be executed, if there is no possibility to lodge an appeal or if an appeal does not have suspensive effect.
FOURTH PART Reviewing of the decision
SECTION 1 The procedure of appeal
§ 53
The participant of the procedure has got the right to appeal against the decision of the administrative authority, unless the law knows something different or, if he did not give up in writing or in oral proclamation in to the protocol.§ 54
1. The appeal is sent at the administrative authority that issued the occurred decision.
2. There is the time limit 15 days to sent the appeal from the date of issue of the decision, unless other special legal regulation does not know something different.
3. In case that participant of the procedure in result of incorrect perception or because of not perception had sent a remedy after the time limit it is suggested that he had sent it on time, if he did so within 3 months from the notification of decision.
§ 55
1. If special legal regulation does not know something different the appeal that was sent on time has got a suspensive effect.
2. If the general interest requests it or if there is a danger that suspension of the achievement of decision can cause irretrievable detriment to the participant of the procedure or it can be caused by another person, the administrative authority shall expulse the remedy. The urgency has to be well reasoned. The suspensive effect shall not be expulsed if the special legal regulation knows so.
3. There is no possibility to appeal against the expulsion of the suspensive effect.
§ 56
The administrative authority that issued the occurred decision has got the duty to inform other participants of the procedure about the contents of sent appeal and asks them to make a statement to it, and pursuant to the necessity has to attach the procedure by execution of newly suggested evidences.§ 57
1. The administrative authority, that issued the occurred decision, shall decide about the decision by itself, if it fully complies to the appeal, and if the decision does correspond with no other participant of the procedure than appellant or if the other part of the procedure agrees with it.
2. If the administrative authority that issued the occurred does not decide about the appeal, it has to submit it with the results of completed procedure and with file documents to the authority of appeal within 30 days from the date when the appeal was delivered.
§ 58
1. The authority of appeal shall become the administrative authority of the closest higher instance superior to the administrative authority that issued the occurred procedure.
2. In the procedure in front of District Offices the competent department of District Office decides about the appeal of the closest higher instance unless the administrative committee of District Office of the closest higher instance established pursuant to special legal regulations, or the Committee of that District Office did not decide differently about the appeal.
3. The competent central administrative authority in order to its competence is the competent authority of Slovak National Council, decides about the appeal of the Country District Office.
4. If the administrative authority of the organisation decided in administrative process, the administrative authority that governs the organisation should decide about the appeal.
§ 59
1. The authority of appeal fully reviews the occurred decision, and adduces the present procedure or abolishes mistakes if it is necessary.
2. The authority of appeal changes or cancel the decision if there are some titles, if not, than refuses the appeal and confirms the decision.
3. The authority of appeal shall cancel the decision and the case has to be returned to the administrative authority that issued the case for the new procedure and decision, if it is more effective and quicker. The administrative authority is binded by the legal opinion of authority of appeal.
4. It is not possible to appeal again against the decision about appeal.
§ 60
The administrative authority is obliged to review the retarded as well as not allowed appeal in the view whether it reasons for the reopening the case, or for the change, or for the abolition of the decision out of the procedure of appeal. Then refuses the appeal.§ 61
1. It is possible to send an appeal against the decision of the central administrative authority /competent to Slovak National Council/ that was issued in the first instance within 15 days from the date of notification of the decision. The appeal sent on time has got suspensive effect.
2. The Head of the central administrative authority /authority of Slovak National Council/ is obliged to decide about the appeal on the principles of the special commission established by him. It is not possible to appeal again against the decision.
3. Regulations about the procedure of appeal refers to the procedure of appeal.
SECTION 2 Reopening the case.
§ 62
1. The procedure in front of the administrative authority finished by the decision that is legal, shall be reopened on the proposal of the participant of the procedure, if:
a/ there are newly suggested evidences, that have substantial influence for the decision and could not be applied in the procedure without knowledge of the participant of the procedure.
b/ the decision depends on the judgment of preliminary question about which the competent authority decided differently,
c/ in the mistaken method of the administrative authority took off the possibility for the participant of the procedure to take part in the procedure, it could have substantial influence on the decision and if the remedy could not be made in the procedure of appeal.
d/ excludes authority /§ 9 and 13/ that issued the decision, if it could have substantial effect on the decision and if the remedy could not be made in the procedure of appeal,
e/ the decision is supported on the titles that are proved to be true or the decision is reached by the crime.
2. The administrative authority shall govern the reopening the case from the reasons mentioned in par.1, if the general interest requires the review of the decision.
3. Reopening the case shall not be allowed, if the approval is given to the participant of the procedure by the decision for the civil procedure or laborlaw procedure or if it was decided in case of the personal state of the citizen and the participant of the procedure reached the claims bonna fidei.
§ 63
1. The reopening the case shall be allowed or governed by the administrative authority that decided about the case in the final instance on the proposal of the participant of the procedure.
2. It is necessary to submit the claims for the reopening the procedure and the facts that prove about the proposal sent on time in the proposal for the reopening the procedure.
3. The proposal shall be sent to the administrative authority mentioned in par. 1 within 3 months from the date, when the participant of the procedure was informed about the reasons for the reopening, but no later than within 3 years when legal decision was completed. The administrative authority shall govern the reopening of the procedure in the same time limit. There are no exceptions for this time limit.
4. There will be the possibility to allow or to govern reopening the procedure after time limit /3 years/ from the legal decision, unless the decision was completed by the crime.
5. The appeal shall be sent against the decision for reopening the procedure. The decision about allowance or governing the reopening has got suspensive effect, unless the occurred decision was not yet executed.
§ 64
1. New procedure of the case shall be held by administrative authority, from that is competent about the decision of the claim for reopening the procedure. If the claim for reopening the procedure is addressed by decision of administrative authority of first and second instance, the new procedure shall be held by administrative authority of first instance.
2. If the application for reopening the procedure was lodged only by procedure before authority of appeal, the decision for reopening the procedure will be joined with the new decision of the case.
3. The original decision is cancelled by the new decision of the case.
4. It is not possible to appeal against the new decision of the case.
§ 65
1. Decision that is legal shall be reviewed from own or other cause by administrative authority of closest higher instance superior to administrative authority, that issued this decision /§57/, if it is the decision of Head of central administrative authority /authority of Slovak National Council/ on the principle of the proposal of special commission established by himself /§61, par. 2/.
2. The decision should be cancelled or changed by administrative authority competent for the review of the decision, if it was not issued by the legal law, general binded legal regulation or general binded decree. When cancelling or changing decisions it minds that rights reached bonna fidei will be changed as little as possible.
3. When reviewing the decision the administrative authority is governed by legal state or substantial circumstances at the time of issuing the decision. Because of that the decision shall not be cancelled or changed, if substantial circumstances from which the original decision are not changed in addition after its issuing.
§ 66
The administrative authority that issued the decision shall fully comply to the proposal of participant of the procedure for reviewing the decision. In the procedure in front of District Offices it also can be higher authority of District Office of the same instance, if the decision does not correspond to other participant of the procedure, or if they do agree with it.§ 67
1. Decision by which was given the agreement for civil or labourlaw procedure action or by which it was decided in case of personal state of the citizen to the participant of the procedure is possible to cancel or change only at procedure of appeal, if the participant of the procedure reached the rights bonna fidei.
2. If the proposal for reviewing the administrative decision by the court was sent pursuant to forced legal regulations the administrative authority shall cancel or change this decision only in procedure of appeal. It is possible only if he shall comply to all participants of the procedure.
§ 68
1. The administrative authority shall change or cancel the decision only by procedure of appeal after 3 years from reaching the final occurred decision.
2. It is possible to appeal against the decision by which the decision was cancelled or changed except the procedure of appeal.
SECTION 4 The procedure about the protest of the Prosecutor.
§ 69
1. If the protest of the Prosecutor was sent at administrative authority that issued the decision, it is allowed to the administrative authority to which the protest is applying to change or to cancel the decision by itself by the decision corresponding to the law.
2. If administrative authority does not fully comply to the protest by itself it is obliged to submit the protest with the documentation at the time limit settled in the protest, and if it is not settled within 30 days for the decision of administrative authority superior to the closest higher instance /§58/. If it is central administrative authority that shall choose on principle of the proposal of the commission established by him.
3. The decision about the protest of the Prosecutor shall be delivered to the Prosecutor and to the participants of the procedure.
4. The participant of the procedure shall appeal against the decision about the protest of the Prosecutor.
