https://doi.org/10.31648/cetl.2294
The assessment of formal complaint is discussed in this comment. It concerns the activities of
the public administration of entitlements or obligations under the law. It was pointed out that file
the claim against such action must be preceded by a summons of the competent authority to remove
a breach of the law. It was noted, there is no regulation process, that could be applied in the case
of a referral of this summons to the incompetent authority to his diagnosis, in the domestic legal
order. The analysis of legal regulations, which could be relevant in such situation was done in this
paper. The reference made by the Court in its judgment to rule contained in Art. 15 of the European
Code of Good Administration, was rated correct. That argument was way out of the realization of
this case, under Art. 41 of the Charter of Fundamental Rights of the European Union, the right
to good administration.
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