Adequacy of the law(s) on administrative procedures to ensure good administration

Expert review of laws, including the law on general administrative procedures (LGAP) and laws regulating procedure in sample cases listed below. This sub-indicator measures whether the law on general administrative procedures and/or other laws regulating administrative procedure in sample cases guarantee the principles of good administrative behaviour. Assessment of this indicator is conducted in two steps: assessment of the LGAP. (if this exists) and assessment of the laws regulating the procedure in the sample cases below. The first three cases are assessed. If any of these three do not fit the sample requirements (for example, if they are local government decisions) then the fourth is used as a substitute: 1) decision on access to public information 2) decision on commercial construction permit (licence) 3) decision on business registration 4) decision on VAT return. If the sample law is in accordance with the LGAP (i.e. there is no special procedural regulation), the assessment is based solely on analysis of the LGAP. The list of sample cases may be adjusted to the specific regulations of the country. Laws are checked against the principles of good administrative behaviour listed below. For each of the following principles of desirable administrative behaviour that are guaranteed by laws regulating administrative proceedings in all three sample cases, 1 point is awarded (total of 7 points).

Criteria fulfilled: 7/7

Yes
No
No data available / not assessed
Each party has the right to be heard prior to final decision (1 point)
Each party has the right to access their files, while respecting the legitimate interests of confidentiality and professional and business secrecy (1 point)
Each party has the right to appeal a decision of a first-instance administrative body to a higher administrative body or directly to the courts (1 point)
The administrative act indicates the legal basis of the decision (1 point)
The administrative act includes a statement of reasons (1 point)
The administrative act includes deadlines for issuing administrative decisions and remedies against excessive length of administrative procedures (1 point)
The administrative act provides information about the right to appeal and specifies both the deadline for filing an appeal and the relevant appeal body (1 point)