The operative part of uniformity decision no. 1/2019 KMPJE

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1. An administrative authority decision is null and void where a ground for nullity specified in section 121(1) of Act No. CXL of 2004 on the General Rules of Administrative Authority Procedure and Services or in another Act of Parliament exists. The scope of the grounds for nullity cannot be broadened through interpretation.

2. An error or deficiency related to the signature of the person actually issuing the administrative authority’s decision does, in itself, not result in nullity but amounts to procedural irregularity.

3. In review proceedings instituted for establishing the nullity of an administrative authority decision the Curia will not conduct ex officio evidence-taking but may ex officio notice the evident nullity of an administrative authority decision. An administrative authority decision is evidently null where no separate evidence-taking is needed to establish its nullity.

4. If the first instance administrative authority decision is null, the court proceeding in the administrative lawsuit will quash the second instance administrative authority decision and will annul the first instance administrative authority decision.