4.
If the simple opinion is not expressed within the time limit set for this purpose by
the law or by the deciding body or, in any case, within a reasonable period of time,
the administrative deed may be issued without it.
Article 21
Revocation
1.
2.
The competent body for the revocation of an individual administrative deed is the
body that issued it or the body that is competent for its issuance.
The procedure provided for the issuance of the deed does not have to be observed
for the revocation thereof, unless a legal or illegal deed is being revoked following
the assessment of facts.
FOURTH CHAPTER
ADMINISTRATIVE CONTRACT
Article 22
Form
The administrative contract is subject to the written form, unless the law stipulates
otherwise. The proposal and acceptance of its conclusion may be effected by separate
documents.
Article 23
Conclusion
The administrative contract concluded following a tender or by direct assignment is
concluded as of and by service to the interested party of the deed by which the tender or
the assignment are completed respectively, unless the law stipulates otherwise.
FIFTH CHAPTER
ADMINISTRATIVE APPEALS - COMPLAINTS
Article 24
Application for remedy - Hierarchical appeal
1.
2.
3.
4.
If the relevant provisions does not allow for the possibility to file the special
administrative or remedial appeal under the following article, for the restitution of
material or moral prejudice of lawful interests caused by an individual
administrative deed, the interested party may, for any reason, apply for revocation
or amendment thereof (application for remedy) to the administrative authority that
issued the deed, or for cancellation thereof (hierarchical appeal) to the superior
authority of the authority that issued the deed.
The administrative authority to which the said application is submitted should
notify its decision to the interested parry within thirty (30) days, unless special
provisions stipulate a different time limit.
If another administrative authority is competent for the revocation or amendment or
cancellation of the deed, the authority to which the application for remedy or the
hierarchical appeal was filed should forward it to the competent authority within
five (5) days. In this case as well, the competent authority should notify its decision
to the interested party within the time limit stated in the previous paragraph.
If the deed is cancelled, the case is referred back to the authority that issued the
deed, unless the relevant provisions stipulate power of the superior authority for its
issuance.
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