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Introduction

  A final decision under which neither party has acquired rights

may be revoked or amended by the authority that issued it if:

  • it is in the public interest or in the legitimate interest of a party.

 

  A final decision by virtue of which a party has acquired a right

may be revoked or amended at any time by the authority that issued it if, at the same time:

  • the party consents to it, 
  • specific provisions do not preclude it,
  • it is in the public interest or in the legitimate interest of the party.

 

Provisions

  • Articles 154–155 of the Act of June 14, 1960—Code of Administrative Procedure.

Detailed Explanation

The authority that issued the final decision may, provided certain conditions are met, revoke or amend that decision. Both a decision issued correctly (if it is a discretionary decision) and a decision affected by defects that do not constitute grounds for reopening the proceedings or declaring it invalid may be subject to revocation or amendment.

To amend or revoke a decision under which a party has acquired a right, all four of the following conditions must be met: the existence of a final decision; a public interest or a legitimate interest of the party justifying its revocation or amendment; the party’s consent to the amendment or revocation of the decision; and the absence of any prohibitions in specific statutes.

The amendment of the decision may not go beyond the scope of the administrative matter resolved by the original decision.

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