If you believe that a public institution has issued an unlawful decision, you have a right to appeal it in the Administrative court. There may be certain requirements for your access to the court, but they cannot be so excessive that you are unable to fulfil them.

You have the right to bring a claim against a state institution and have it examined in the Administrative court. However, this right has certain conditions:

Type of claim

You have to choose the right court for your claim. Administrative courts only deal with disputes between private persons and public institutions where these institutions have exercised power. 

example If the mayor refused to allow you to organize a gathering in the town square, you can appeal this decision in the Administrative court. 

Decisions taken by law enforcement agencies (the police or a prosecutor) about matters of a specific criminal proceedings will not be examined by the Administrative court. 

example If the prosecutor has taken a decision to declare you a suspect in a criminal case, you cannot appeal this decision in the Administrative court. 

Requirements

In bringing your claim to the Administrative court, you may also be asked to fulfil other requirements such as time limits or to pay fees. These requirements cannot be demanding to the degree that you are unable to fulfil them, preventing you from bringing your claim to court. 

Fees. You will be required to pay a court fee where it is required to file a claim in the Administrative court. If you are unable to pay this fee because of your financial situation, you can ask the court to relieve you from paying it.

Time limits. The time limits differ according to the kind of claim you want the court to examine. Most often, the time limit for appealing a public institution’s individual decision is 14 days. 

You must be careful in observing time limits. However, if you have missed a deadline due to unforeseeable circumstances, you may ask the court to reinstate this time limit.

Resources

Last updated 15/02/2019