Detailed Explanation
An administrative decision
- resolves the matter on its merits, in whole or in part, or otherwise concludes the matter at the given level;
- contains the necessary elements, such as: the name of the authority that issued it, the date of issuance, the name of the party, the legal basis, the decision, factual and legal reasoning, instructions on the procedure for appealing it, and instructions regarding the right to waive the appeal and the consequences of waiving the appeal. In addition, the decision also includes a signature with the first and last name and official title of the employee of the authority authorized to issue the decision.
- It includes instructions regarding the possibility of filing an objection or a complaint with an administrative court; in the case of a decision against which such a remedy may be sought, it includes instructions regarding the admissibility of such a remedy, the amount of the filing fee for the objection or complaint, as well as the possibility for the party to apply for legal aid.
- served on the party, their legal representative, or the attorney appointed in the case (more: Service of Process);
- may be challenged by means of appeals (more: Appeals).
A ruling
- is of a procedural nature—it is a ruling issued during administrative proceedings concerning a specific issue that has arisen in the course of the proceedings. A ruling generally does not resolve the subject matter of the administrative proceedings. However, issuing a ruling may prove necessary for the issuance of a decision, even though it has no direct impact on it.
- It consists of standard elements, such as: the designation of the authority that issued it, the date of issuance, the designation of the party, the legal basis, the ruling, the factual and legal reasoning, and instructions on whether and, if so, under what procedure a complaint may be filed against it, a complaint to an administrative court or an objection, and the signature, including the full name and official title of the person authorized to issue the decision.
- Not every decision is subject to appeal (objection), but only those for which a specific legal provision provides for the right to appeal.
- Served on the party, the legal representative, or the attorney appointed in the case (more: Service of Process).
- may be challenged through legal remedies.
Statement of Reasons
Constitutes one of the elements of a decision or ruling. In the case of rulings, they must contain factual and legal reasoning if they are subject to an appeal, a complaint to an administrative court, or an objection, and when they were issued as a result of appeals against rulings.
An administrative authority may waive the statement of reasons when the decision fully grants the party’s request, unless the matter concerns conflicting interests of the party or the decision was issued as a result of an appeal or complaint, as applicable.
Provisions of other laws may provide for the omission of a factual justification for a decision or ruling if this is warranted by considerations of national defense, national security, or the protection of public safety and order (e.g., Article 6(1) of the Act on Foreigners).
