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Article 17
Justification
The individual administrative deed should contain a Justification that includes the
ascertainment that the conditions for its issuance are met.
The justification should be clear, specific, sufficient and derived from the
particulars of the file, unless the law expressly stipulates that it should be contained
in the deed.
When the administrative deed is issued ex officio, the evidence is collected by
initiative of the competent body for the issuance thereof. When the interested party
requests the issuance of an administrative deed, s/he is obliged to submit the
supporting documents specified by the relevant provisions, unless such documents
are available to the administrative authority that is competent for the issuance of the
deed.
Article 18
Publication
The individual administrative deed is complete by signing and dating thereof or by
its publication if the law stipulates that it should be published. The regulatory
administrative deed is complete by its publication in the Official Gazette, unless a
special method of publication is stipulated.
In the event of publication in the Official Gazette, the publication date is the date of
the issue of the Gazette provided that, on such date, any interested party may be
given a copy of the issue or a certified photocopy of the relevant proof.
The competent authorities are obliged to give a certificate for the meeting of the
condition of the previous paragraph or for the implementation of the publication in
any other lawful means.
If the published text has graphic or accounting errors, a correction thereof may be
published, which should be limited to the correction of such errors.
Article 19
Service
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The individual administrative deed is served upon the person whom it concerns.
Subject to any special provisions, the service is made in any suitable means.
Article 20
Opinion - Proposal
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When the law on the issuance of administrative deed provides for the previous
opinion (simple or consenting) or proposal of another body, the opinion is
expressed following a query of the body having deciding authority and the proposal
is submitted by initiative of the proposing body. The opinion or proposal should be
in writing, justified and opportune as to its content.
The body that has deciding authority cannot issue a deed with content other than
that of the consenting opinion or proposal. The non acceptance of a positive
opinion or proposal as well as any deviation from simple opinion should be
accompanied by specific Justification.
The competent body for the issuance of administrative deed may ask the opinion of
another body voluntarily. In such case, the provisions on simple opinion are
applicable.
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