1If the public organ conducting the procedure comes across an issue, the resolution of which is a precondition for the resolution of the procedure and constitutes an independent legal issue for which resolution a court or another organ is competent (“preliminary issue”), the public organ conducting the administrative procedure shall stay the proceeding till a final decision is taken on the preliminary issue and notify the party thereof.
2If the review of the preliminary issue may be started only upon request of a party, the competent organ for the conducting the procedure, shall stay the procedure, by simultaneously informing the party on its right to submit a request on the concrete case.
3If the resolution of the preliminary issue requires the ex officio initiative of another public organ, the competent organ for conducting the procedure, shall request the initiation of the proceeding by the other body.
EN