Protection against inactivity
The MOI CR runs administrative proceedings on an application for residence permit so that a decision may be issued within the time period by law. Under Section 80(3) of the Administrative Procedure Code, in case the decision is not issued before end of the time period, the applicant may submit an application for execution of measures against inactivity in accordance with Section 80 of the Administrative Procedure Code. The superior administrative authority, the Commission for decision-making in matters of residence of foreigners, shall decide on the application for execution of measures against inactivity.
Under Section 80(4) of the Administrative Procedure Code, the Commission for decision-making in matters of residence of foreigners may perform the following as measures for protection against inactivity:
a) command the inactive administrative authority to take necessary steps to ensure remedy or to issue a decision within the stipulated time period,
b) adopt the case by resolution and decide in lieu of the inactive administrative authority,
c) authorize, by resolution, a different administrative authority in its district to conduct proceedings, or
d) extend, by resolution, adequately the statutory time period for issuance of a decision if it is possible to assume with reasonable cause that the administrative authority will render the decision in rem within the extended time period and if such process is more advantageous to the participants; the administrative authority will take into consideration the time periods mentioned in Section 71(3) of the Administrative Procedure Code.
It must be clear from the application for execution of measures against inactivity what the applicant is claiming. The applicant must specify how precisely the superior administrative authority should decide on protection against inactivity and what specific measures it should take, according to Section 80(4) of the Administrative Procedure Code. The superior administrative authority is then bound by the content of the application and decides what the current subject of proceedings is, i.e. what it is that the party to the proceedings is demanding. This does not, however, preclude execution of other measures than those proposed by the applicant by virtue of its official powers, while a decision must also be made on the applicant’s proposal (application).