The Administrative Procedure Code regulates the rules for judicial review of decisions of administrative authorities. It provides citizens with effective protection against incorrect or unlawful decisions by the authorities. When can you file a lawsuit with the Administrative Court, how do administrative court proceedings work and what to look out for?
The Administrative Procedure Code is a legal regulation that governs the procedure for courts to review decisions of administrative authorities. It is a key tool if you want to challenge decisions of the authorities that you consider illegal or incorrect. This allows the courts to review the actions of the administrative authorities and check whether the decisions were made in accordance with the law and the principles of justice. Sometimes the usual administrative remedies, such as an appeal or a statement of appeal, do not remedy the situation. Under the Constitution of the Czech Republic, citizens are guaranteed the right to judicial review of decisions of public authorities, so the decision of an administrative authority does not have to be the end of the matter. Within our judiciary, there is a whole system of administrative courts which are ready to review an incorrect administrative decision and, if necessary, to advocate its change.
Specific situations that the administrative courts can help you with are, for example, if you disagree with a decision on a planning permission, a refusal of a benefit claim or a fine for an offence. The Administrative Court System is thus crucial for ensuring control over the activities of the public administration and for protecting the rights of individuals against unfair or incorrect decision-making by the authorities.
Tip: Everyone goes through an administrative procedure at some point in their lives: whether you have committed a traffic offence, applied for a certificate or are going through a building procedure. But often the officials don’t decide to your satisfaction. How can I defend myself against the decision and what are the typical problems that a party to an administrative procedure faces?
Anyone who believes that an administrative decision, procedure or other measure has violated their rights can bring an action before the Administrative Court. Eligible claimants are therefore natural persons, legal persons, but also public authorities if they have the right to protect their legal position.
Several conditions must be met in order to bring an action:
The action must be brought within two months of receipt of the final decision. It must clearly set out what you are seeking and what you consider to be the unlawfulness of the decision. The Administrative Procedure Code thus ensures that actions are only brought against decisions that directly affect the rights of the parties and protects the courts from unfounded applications.
Tip: The peculiarity of the Czech legal system in the field of administrative justice is its two lines, each of which has a different agenda and follows different rules. The key to determining the administrative rule and the competent court is whether private or public rights were decided before the administrative authority. However, you certainly won’t make a mistake if you consult an attorney about the correctness of the procedure. If your matter concerns, for example, taxes, construction proceedings, tax offences, trademarks or competition, it is a classic administrative procedure, an action is brought before the administrative court and the Administrative Procedure Code is followed.
As already mentioned, the administrative court procedure starts with the filing of an action, which you deliver to the competent administrative court. Once the court receives the application, it first examines whether it meets the formal requirements, for example whether it was lodged in time and whether you have exhausted all available administrative remedies. If these conditions are met, the court will then open proceedings on the merits.
During the procedure itself, the court will conduct evidence, which may include questioning witnesses, requesting files from the administrative authority or drawing up expert reports. Once the evidence has been taken, the court will deliver a judgment, which may uphold the decision of the administrative authority. However, if the court upholds the action, it will annul the contested decision and refer the case back to the administrative authority with a binding legal opinion for further proceedings. In this case, therefore, the court does not replace the annulled decision of the administrative authority. As a rule, court proceedings are public and the parties have the right to be informed of the proceedings and to comment on any evidence taken.
Did the court rule against you?
Do you want to defend yourself against it? We will assess your chances of success and take care of the preparation of an appeal, appeal or constitutional complaint, depending on the proceedings and the stage they are at.
Tip: Administrative justice is an area of law that is still not very well known among lay people. However, this does not mean that it is not used. On the contrary, administrative courts are overburdened and the Supreme Administrative Court is calling for strengthening. What is on the agenda of the administrative courts and how can they help the average citizen? We have addressed this in our separate article.
In the administrative justice system, you have several ways to defend yourself against a decision of the administrative court. However, the specificity of the administrative justice system is that it is a one-stage procedure, as it has already been preceded by a two-stage administrative procedure. There are therefore only extraordinary remedies.
One of them is a cassation complaint, which can be lodged with the Supreme Administrative Court if the party disagrees with the decision of the regional administrative court. A cassation complaint is an extraordinary remedy which serves to review the legality of the lower court’s decision and the procedures which led to the decision.
Another extraordinary remedy is an application for a retrial, which may be lodged if new facts or evidence come to light which were not available in the original proceedings and could affect the outcome.
The most common errors in administrative court proceedings
Administrative litigants often make mistakes that can negatively affect the outcome of the proceedings. Some of the most common mistakes include failure to comply with time limits or failure to state adequate reasons for an action.
We also encounter cases of actions being brought without all administrative remedies having been exhausted, which is a legal condition for an action to be accepted by the court. In order to avoid such mistakes, it is important to familiarise oneself thoroughly with the conditions of the court proceedings and, if necessary, to consult an expert. Proper preparation and knowledge of the procedural rules are key to successfully defending one’s rights before an administrative tribunal.
Has the court ruled against you and do you want to fight it? We will assess your chances of success and take care of preparing an appeal, appeal or constitutional complaint depending on the proceedings and their stage.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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