Application of Article 64 § 2 of the Administrative Procedure Code in Registration Cases – Comments against the Background of Court Decisions and the Practice of Municipal Authorities

Abstract

The subject of the study is the problem of applying Article 64 § 2 of the Administrative Procedure Code in registration matters. The obligation to register is carried out by filing a notification with the competent municipal authority and, as a rule, does not require the issuance of an administrative decision. However, in certain situations, the municipal authority should initiate proceedings and resolve the matter in the form of a decision. In practice, municipal authorities evade this obligation’s implementation, unjustifiably applying Article 64 § 2 of the Administrative Procedure Code. Consequently, they deprive individuals of the right to a trial. In view of this, based on the views of doctrine and case law, the author explains the meaning, scope and procedural consequences of the application of the invoked provision, as well as analyzes selected cases to clarify doubts about the correct application of Article 64 § 2 of the Administrative Procedure Code in registration cases.