The master's thesis titled The Principle of Material Truth in Administrative Procedure and Administrative Dispute analyzes the significance and application of this principle within the context of administrative procedures and disputes. In administrative legal relationships, administrative procedures establish a regulatory framework designed to protect individuals as the weaker party in relation to public authority, while simultaneously serving to realize the public interest. The facts established in administrative procedures must correspond to the objective reality, meaning they must reflect the actual state of affairs. In administrative procedures, the principle of material truth serves as the foundation for ensuring a lawful and correct decision, as administrative authorities are responsible for thoroughly and accurately ascertaining the facts. While this principle does not formally apply in administrative disputes, the court remains bound to ascertain the correct and complete factual circumstances that align with the material truth. The procedure is based on the adversarial principle, which primarily assigns the responsibility of gathering evidentiary material to the parties. However, the court's investigative powers act as a corrective mechanism, allowing it, when deemed necessary, to intervene ex officio in the determination or examination of facts to ensure a lawful and just decision in the matter.
|