Significant Passage of Time as a Circumstance Excluding the Declaration of Invalidity of a Decision Taken with Flagrant Violation of Law
The regulation specifying the maximum deadline for annulment of an administrative decision supposingly adopted with gorss violation of law, requires assessment in the context of principles and values. Determining the maximum period of annulment of an administrative decision due to its issuing in gross violation of the law must take into account the functions and subject of the regulation. It should also be considered whether, taking into account the features of administrative law, it is possible to indicate areas of law and categories of legal relations in which the passage of time should not cause the inability to annul a decision because it was issued with a gross violation of the law, for example due to an important state interest or obvious harm to an administered entity.
 Wincenciak 65-76.pdf | 356 kB |
