. Impact for public administration of the results of concretization of administrative and legal norms during judicial enforcement

Abstract

Having studied the legal implications for public administration of concretisation of administrative law during judicial application of law, the author substantiates that the pivotal direction of the impact of judicial application of law on the performance of governance functions by administrative authorities is the fulfillment by administrative courts of their purpose by interpreting and applying administrative law conducting, where necessary, their concretisation for the use of applicable legal provision for fair, accurate and comprehensive settlement of disputes relating rights and obligations of administrative-legal relations parties. This is particularly the case in complex law-application situations involving conflicts and gaps in the provisions of administrative law or stemming from the need to apply the law in systemic interconnection with general and sectoral goals and principles of administrative laws and regulations. Author refers to case-law concerning tacit consent in administrative permitting system. Interpreting tacit consent clause in conjunction with the general principles of the permitting system and of the purpose of this legal instrument, administrative courts stressed the inadmissibility of abusing of tacit consent aimed at enabling businesses to engage in certain economic activities even though they have not complied with the relevant regulatory
 requirements and seek to circumvent the control component of permitting procedures, misusing the tacit consent instrument for this purpose. As a result, the courts have identified those grounds for evoking tacit consent, that are based on the objectives and principles of the legislation on the permitting system in the field of economic activities and do not directly and clearly follow from the literal normative definition of tacit consent in the provisions of this legislation. The case-law as well determines safeguards preventing abusive practices of private entities, striving to circumvent requirements of the legislation on the permitting system, and, furthermore, it outlines improper procedural administrative practices that facilitate misuse of the tacit consent.