The Government's Power to Correct Manifest Errors in its Administrative Decisions according to Article 23(2) of the Administrative Procedure Act No 37, 1993

Abstract

According to article 23, parag. 2, of the Administrative Procedure Act no. 37/1993 an authority may, after a notification to a party of a decision, correct manifest errors therein, provided that the authority notifies the party of the correction without delay and communicates to him afresh copy of the decision. The article addresses what kind of errors fall within the ambit of the provision and when the errors are considered manifest errors. It is concluded that errors that pertain to the formal processing of a case and are obvious from the point of view of the party fall within the ambit of the provision. In addition, the article shortly addresses other conditions of the provision and some issues which may arise in practice, in light of what kind of errors can fall within its ambit.