Oral decisions in administrative proceedings

Abstract

Oral decisions in administrative proceedings are an exception to the rules on their issuance in writing (electronic or paper document) and are devoid of any formality and mandatory parts. Clearly, their frequent adoption is not good from the legal certainty point of view, and it is conditioned by the existence of special circumstances. Thus, the Law on General Administrative Procedure stipulates that an oral decision is issued when urgent measures are taken in the public interest to ensure public order and peace, and public safety or to eliminate an immediate danger to the life or health of people or property. Similarly, the Law on Inspection Supervision stipulates that an inspector may impose measures by issuing an oral decision when he assesses that in that way the immediate danger to human life and health, proper- ty of greater value, environment, or flora or fauna is eliminated. The application of such provisions came to the fore during the coronavirus pandemic, in terms of the work of various inspections (eg. the Department of Border Sanitary Inspection imposed a measure of quarantine at home by an oral decision to travelers coming from countries with unfavorable epidemiological situation). This paper is dedicated to the analysis of such decisions and the situations in which they are made.