DETERMINATION OF THE MATERIAL TRUTH IN THE ADMINISTRATIVE PROCEDURE

Abstract

Determination of the material truth is a fundamental principle in the physiognomy of the administrative procedure. As a substantive element, it constitutes the essence of the administrative procedure and is established as a normative framework, directive, guide, guideline and postulate for officials in resolving specific administrative cases.

According to the principle of material truth, officials are obliged, when decide on specific cases, ie when decide to recognize specific rights or to determine specific obligations, to take into account the actions they take and the acts they adopt to be in accordance with the spirit of the material truth.

In the administrative procedure, the real state of affairs in the specific case must be determined and in that direction all legally relevant facts, which are of importance, must be established for making a legal and correct decision.

In that context, the authorized official who conducts the procedure should thoroughly study the case, determine its essential dimension and fully and completely clarify the factual situation, ie to understand the real (material) truth in the specific case. Determining material truth, however, is not always easy. On the contrary, in certain complex cases, it can turn into a slippery slope and a kind of Achilles heel of the officials.