Admissibility of using self-inspection under Art. 54 par. 3 of the 2002 Legislative Act Law on Procedure before Administrative Tribunals in relation to local legal enactments territorially applicable to the defined areas of operation

Abstract

Art. 54 par. 3 of the Legislative Act — Law on procedure before administrative tribunals (in short LAPAT) provides for the self-inspection. This provision allows any organ of public admin-istration to review its own action (based on inactivity, or the lengthiness of administrative activ-ity), which is the subject matter of a complaint before an administrative jurisdiction. This positive screening may result in admitting the contents of the complaint by the adjudicating administrative body. This rule, however, raises doubts whether deliberating bodies, like the Commune and District Councils or the Provincial Assemblies might use this self-contained procedure of quashing their own resolutions. The opinions in scholarly writing and case law are divergent. Its root cause is the question if Art. 54 par. 3 of the LAPAT can be sufficient legal grounds (based on competency) for ascertaining the invalidity of a resolution taken by the deliberating units of local government or that the norm should be read along with the regulations of the material jurisdiction pertaining to the above-mentioned law-making bodies.