The Institution of signalling in administrative jurisdictional proceedings

Abstract

The article presents the whistle-blowing system regulated in Art. 36 of the Code of Administrative Procedure, its role and significance in administrative proceedings and the mode of its application. The author contests the possibility of using the signaling notice after the authority falls into idleness. The argumentation in this, as well as in the wider context, was based on the main value governing administrative proceedings - relations at the level of citizen - power. In the following part, the contested in the doctrine possibility of multiple use of the mechanism of setting a new deadline for settling the matter was discussed. In his arguments, the author primarily took into account the arguments that support a prudent interpretation of the provisions on the prolongation of proceedings before public administration bodies and possible safeguards for the abuse of the institution described in Art. 36 of the Code of Civil Procedure. The main part of the considerations also covers the prerequisites for setting a new date for closing the proceedings. The article ended with a conclusion on the essence of the signaling provision in correlation with the main values governing public administration.