https://doi.org/10.31648/cetl.2024
The norm resulting from the Article 19 of Administrative Code formulates the principle of
routinely abiding to the jurisdiction by the organs of public administration, from which the doctrine
and judicial decisions derive individual directives. According to the principle an organ cannot
undertake any action in the proceedings if it turns out not to be a relevant authority. This principle also determines the action to which the organ is obliged in such a case, namely establishing the
relevant authority and promptly sending the application in question. Similarly, the principle obliges
the public administration body to initiate jurisdiction dispute to protect its scope of responsibilities
against other organs and to avoid introducing into other organs’ scope of responsibilities for matters
which are not theirs by virtue of law.
Failure to comply with the principle of routinely abiding jurisdiction by the organ of public
administration constitutes a disqualifying defect of the proceedings, which results in the decision
declared invalid in accordance with article 156 paragraph 1 item 1 of the Administrative Code. It
remains irrelevant, what kind of jurisdiction (material, local, or appeal) was breached when the
decision was taken or the fact that the settlement is correct with regard to its content.
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