Abstract

By introducing Art. 61 to the Code of Administrative Procedure (KPA) the legislator has modifi ed the concept of a party to administrative proceedings (by gett ing it closer to the objective concept) and has laid down legal grounds for refusal to initiate the proceedings. Th is refers to initiating both ordinary and extraordinary administrative proceedings. According to Art. 61 a § 1 of the KPA if the request to initiate the proceedings „has been fi led by a person who is not a party thereto or for any other legitimate reasons the proceedings may not be initiated, a public administration body shall issue a decision of refusal to initiate the proceedings”. Th e decision may be questioned by way of an interlocutory appeal (Art. 61 a § 2 of the KPA). Th e vague expression „any other legitimate reasons” used by the legislator has been found most controversial by representatives of the doctrine because – as it has been pointed out – its application may lead to illegitimate refusal to initiate proceedings by a public administration body. However, this thesis has found no confi rmation in the rulings of administrative courts, while the hitherto recognized grounds for refusal to initiate the proceedings (both ordinary and extraordinary) make it possible to reduce vagueness of thios expression.