The article focuses on actual challenges of administrative justice in the Slovak
Republic and Poland. The legal crisis and the crisis in law in both countries have common
signs and necessarily differences. The authors analyze selected problems of administrative
justice, which are connected by the current state of society marked by the crisis. In the part
dedicated to the Slovak Republic and Poland, emphasis is placed on the crisis associated
with changes in the judicial system and - additionally - in Poland it is the crisis associated
with changes in the law caused by the COVID-19 pandemic. Due to the nature of the
researched topic, we have applied analysis, synthesis as well as comparison of legal
regulations in the processing of this issue. However, in addition to the mentioned scientific
methods of research, we also used scientific literature, case law and analogy of the law.
The article can be beneficial by researching the development of problems associated with
administrative justice in states with a similar historical development of society.
According to Article 161 of the Code of Administrative proceedings, the relevant minister or province governor (Wojewoda) may repeal or amend – as necessary – any final decision if one cannot remove the state threatening human life or health or prevent major damage to the national economy or to vital interests of the State. A participant of such proceedings may demand compensation for actual harm from the authorities (minister or local governor). The institution enables the elimination of all legal decisions and decisions which are illegal. Thus it can be considered to be a special administrative sanction.
<p>This paper aims at an analysis of legal effects of failures occurring to technical devices and ICT networks which are used for submitting electronic applications to administrative authorities within general administrative proceedings in form of e-submissions as well as legal effects of errors in data transmission in connection with the process of sending such submissions. Problems emerging in such situations make a very interesting yet not fully studied issue. So far no written analyses have been issued and the single cases that happen are resolved by administrative courts on an <em>ad causam</em> basis. Despite the fact that the administrative proceedings digitalization process has been going on for over 20 years, its importance has actually been confirmed now, during the COVID-19 pandemic, partially due to the necessity of meeting the sanitary measures, avoiding gatherings, limited or suspended operations of the public institutions on site which makes the electronic communication between the participants of administrative proceedings “attractive”. For this reason, electronic administrative proceedings have become an attractive solution in this difficult and unpredictable period. The authors formulated here a hypothesis that malfunctions of technical devices or ICT networks used for submitting applications or motions may result even in failure to submit the said applications. In some cases, however, it is possible to eliminate such a negative effect by applying Article 58 of the Administrative Proceedings Code. On the other hand, an error in data transmission of an application consolidated in the electronic form depending on the nature of the error and the stage of the proceeding where such error has been noted may be – in the authors’ opinion – as a rule, deemed a formal failing. Article 64 § 2 of the Administrative Proceedings Code refers to the indicated cases.</p>
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