The issues of refusal to grant an act conditioned by an administrative promise

Abstract

The subject of this article is the description of legal regulations concerning the refusal to issue an act conditional on a promise. Under the current legal framework, the prevailing solution is that during the period of validity of the promise, refusal to issue a license (permit) is permitted only if certain conditions are met. This is justified by the guarantee function of the administrative promise, which is expressed in the promise of the authority to issue a specific act in the future. The article discusses the reasons for refusing to issue a promised act, legal regulations related to the authority’s competence to make a negative decision and the refusal control by administrative courts. It was also proposed to treat the refusal to issue an act conditional on a promise as a quasi-administrative sanction.