1An appeal against an administrative act shall be first considered by the competent public organ itself, unless otherwise provide by law.
2The competent public organ shall initially examine whether the appeal is acceptable and only if this is the case, it examines the legality and appropriateness of the administrative act subject to appeal. If necessary, the competent public organ can perform additional administrative investigations.
3If the annulment, repeal or amendment of the appealed administrative act or the issuance of the refused act would cause damage to another party, the competent organ should give it the opportunity to be heard, according to Article 87, 88 of this Code, before taking a decision on the appeal filed.
4When the competent public organ considers that the appeal is admissible and fully founded, it shall by a new administrative act annul, repeal, or amend the appealed act, or issue the rejected act as required by the party, respectively.
5When the competent public authority considers that the appeal is not admissible or fully founded, it shall without delay and without being expressed on it, forward it for consideration and decision-making to the superior body, along with all relevant documents of the file and a written report on his position.
EN