Abstract

The present comment discusses a recent resolution of seven judges from the Supreme Administrative Court regarding validation of a faulty service of a decision as a result of a complaint. The author agrees with general theses of the resolution and points to its momentous significance for the practice, based on frequent cases of such nature (service directly from a party with a legal agent). He also emphasizes the significance of the resolution in the context of procedural justice principle and inability to place the effects of mistakes of an administrative authority onto a party in litigation. According to the author, legal interpretation resulting from the resolution should also be applied to other similar situations, rather than a specific service of a decision with an order of immediate enforceability, based on a corresponding legal construction of other services.