Notice of the opening of administrative proceedings

A public authority informs you that proceedings concerning you have been opened. You have the right to take an active part — to inspect the file and submit motions.

The content of this page is for information only and does not constitute legal advice. Your situation may require an individual assessment by a lawyer.

What is this letter?

A notice of the opening of administrative proceedings (Art. 61 § 4 of the Code of Administrative Procedure) informs the parties that an authority has started handling a case — of its own motion or on request. From that moment you have the right to take an active part: to inspect the file, submit explanations and evidentiary motions, and to be heard before a decision is issued (Art. 10 of the Code). The notice itself decides nothing yet.

What deadline applies?

The notice usually sets no statutory response deadline — but if the letter gives a deadline for reviewing the file or submitting comments (often 7 days in practice), observe it. A separate, hard deadline (14 days from delivery) applies only to the appeal against the future decision.

Legal basis: art. 61 § 4 i art. 10 KPA

The deadline runs from the day the letter is delivered (received) — the delivery day itself does not count. Verify the delivery date with a lawyer: whether you make the deadline depends on it.

What happens if you ignore it?

The proceedings will continue without you, and the authority will decide based on material you never supplemented or commented on. Passivity at this stage makes a later appeal harder — it is easiest to influence a case before the decision is issued.

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Frequently asked questions

What is the difference between the notice and the decision?

The notice only informs you that a case has started; the decision resolves it. Only the decision can be appealed — within 14 days of its delivery (Art. 129 § 2 of the Code of Administrative Procedure).

Do I have to respond to the notice?

You are not obliged to, but this is usually the best moment to act: you can inspect the file, submit explanations and evidentiary motions. Active participation at the early stage often determines the outcome.

Who can represent me before the authority?

In administrative proceedings your representative can be any natural person with capacity to perform legal acts (Art. 33 of the Code). In contested or complex matters it is worth entrusting the case to an advocate or attorney-at-law.

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