Administrative proceedings

If you disagree with a decision or wish to complain about an action of a state institution or agent, you can appeal to the Administrative court.

Appeal

A decision of a state institution or agent, such as the Ministry of Labour and Social Policy  or the National Revenue Service, may be appealed in two steps: 

  • You can follow the complaint procedure of the particular state institution. This is most often an appeal to a higher person or department within the institution. Ensure that the deadline for the appeal is not missed. The procedure and time limits for the appeal must always be indicated in the decision you are appealing
  • You may also appeal the decision to the Administrative court

You can appeal the first decision to the higher authority on the ground of both its inexpediency and its unlawfulness. But you can appeal it in the administrative court only on the ground of its unlawfulness.

example If you disagree with a decision issued by an official from the Social Assistance Directorate, you can file an appeal to the Regional Social Assistance Directorate or directly to the Administrative court.

Right to a fair trial

This Guide will further explain what guarantees you have when your case is examined by the court, namely your right to a fair trial. The Administrative court proceedings must comply with all guarantees of the right to a fair trial. Your right to a fair trial starts from the moment you submit your first application to the court and lasts until the implementation of the court’s final decision.

Role of the judge

As a party in this process you need more protection because your opponent is the State. Therefore, a judge in an Administrative court plays a more active role than judges in the proceedings of other courts. 

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