If you believe that a state 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 state institutions (government agencies) where these institutions have exercised state power.
example If a municipality 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 case will not be examined by the Administrative court.
example If the prosecutor has taken a decision to declare you a defendant in a criminal case, you cannot appeal this decision in the Administrative court.
Appeal
In most cases, to access the Administrative court, you first have to appeal the decision from a state institution or agent you disagree with to a relevant ministry as the higher institution.
example Before you can appeal decisions of an Inspectorate in the court, you have to appeal them before the relevant ministry. If you are an owner of a restaurant and have received a decision of the Health Inspectorate, you have to appeal it to the Ministry of health, before being able to file a lawsuit at 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 fixed court fee 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 or to reduce it.
Time limits
The time limit for filing a lawsuit at the Administrative court against a state institution’s decision is 30 days from the final decision.
You must be careful in observing these time limits. However, if you have missed a deadline due to no fault of your own, you may ask the court to reinstate this time limit. You must ask for a renewal at the same court to which the limit was applied and send your request together with the documents necessary for filing your claim.