The Principle of Limited Formalism in General Administrative Proceedings

Abstract

One principle of general administrative proceedings is the one of limited formalism. This principle does not belong to the catalogue of general principles, but is of essence to the participants of proceedings, especially the parties. According to this principle, non-compliance with formal requirements does not automatically bring about a refusal to institute proceedings, or a reply to a petition designed to institute such proceedings, or to regard a filed petition as legally effective, unless the law provides otherwise. When it is impossible to establish whether or not a petition contains a claim, a relevant organ of public administration demands the claim to be specified. When it remains unspecified or incomplete, a petition remains unheard.