Due process in the legal framework regulating administrative procedures

The applicant has the right to submit data to public authorities only once

The applicant of the administrative procedure should not be required to submit any data to the public authority conducting the procedure that state registries already have.

The applicant is entitled to communicate electronically with the public authority

The legal framework should enable electronic submission of the application and electronic communication throughout the procedure.

The applicant has the right to correct errors in the application

The applicant should have the right to correct any possible errors in the application (i.e., the application should not be dismissed without the possibility to correct).

Each party has the right to be heard prior to final decision that limits the rights of the party

Right to be heard means that before an act adversely affecting a person is adopted, the party has the right to express his/her opinion regarding all facts of the case.

Each party has the right to access their files

Parties should have the right to access their files. While some restrictions to this right can exist for respecting the legitimate interests of confidentiality, professional and business secrecy.

The administrative act indicates the legal basis of the decision

The administrative act should refer to the legal basis, i.e., the provisions of the laws and bylaws which mandate the issuance of this act, or which dictate the procedural conditions.

The administrative act includes a statement of reasons

The administration should be obligated to provide the reasoning behind the decision in the administrative act.

The administrative act provides information about the appeal deadline and the appeal body

The administrative act must provide information about the right to appeal and specify both the deadline for filing an appeal and the relevant appeal body.

The applicant has the right to appeal against administrative silence as well as to turn to court

The applicant should have the right to appeal against administrative silence as well as to turn to court.

Each party has the right to appeal and turn to the courts

Right to turn to court has to be granted in any case for awarding points (i.e., right to appeal to a superior authority is not sufficient on its own).

Due process is respected in administrative proceedings

The assessment is based on the most recent results of the World Justice Project (WPJ) Rule of Law Index for factor “6.4 Due process is respected in administrative proceedings”, available at: https://worldjusticeproject.org/rule-of-law-index/. According to the WJP rule of law methodology, the score is based on the answers from legal practitioners to the question: In practice, the “Due Process of Law” (including the right to be heard, right to challenge the collected evidence) is respected in administrative proceedings conducted by the following authorities in your country: national environment protection authorities, national tax authorities, local authorities (strongly agree, agree, disagree, strongly disagree). Points are allocated based on the results of the World Justice Project Rule of Law Index for factor “6.4 Due process is respected in administrative proceedings” (x): • x < 0.25 = 0 points • 0.25 ≤ x < 0.65 = linear function • x ≥ 0.65 = 10 points.