Error in the Finality Clause

Abstract

The subject matter of the article is the finality clause of an administrative decision, precisely the situation where an error occurs in this clause at the date of finalisation. The form of the finality clause, although commonly used in the practice of public administration authorities, is not regulated in the Code of Administrative Procedure. It is classified in case law and literature as a substantive and technical activity, a type of certificate and on this basis the provisions of Chapter VII of the Code of Administrative Procedure concerning certificates apply to it accordingly. As an official document it benefits from the presumption that there are circumstances that allow to consider the decision as final. If there is an error at the date of the finality, then, in principle, the party that has complied with it should not suffer any negative legal consequences as a result of the authority’s action, since it acts in confidence in public administration authorities.