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De felaktiga förvaltningsbeslutens uppkomst samt korrigering

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De felaktiga förvaltningsbeslutens uppkomst samt korrigering

For a decision to arise there must be one party, an authorized authority or private person, and a matter that can be dealt with through an administrative procedure. This thesis describes the rights and obligations of both the party and the public authority during the procedure and after the matter has been decided. The access to justice is examined thoroughly; good administration is reviewed on both national and EU level. As comparison to the incorrect decision it is described how a correct decision is made, to gain legal force and effect. Laws have a major role in the thesis, why the hierarchy of laws and norms is clarified. The aim of the thesis is to describe the inaccuracies causing invalidation or re-remitting of administrative decisions and to describe the available legal remedies and when they can be used. First the correct and incorrect decisions are discussed, and then the correction procedure. The various inaccuracies in administrative procedures are illustrated with articles, precedents and are considered in the same order as in the Administrative Procedure Act (434/2003). Statistics show that the trend for administrative decisions that proceed to the administrative or the supreme administrative court, is on the rise. The reason for this development may be lack of personnel or the right to assay at public authority.

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