Administrative Procedure Code: Decisions by Administrative Authorities May Not Be Final

Quick Overview

The Administrative Procedure Code applies when you wish to challenge a decision or action by an administrative authority. Typically, you must first file an appeal, an administrative appeal, or another proper remedy.

• An administrative lawsuit is filed with the regional court.
• It is most often directed against a final decision by an administrative authority.
• The deadline is usually two months from the date the decision is served.
• The court usually does not overturn the authority’s decision “on its own,” but rather remands the case to the authority for further proceedings.
• A cassation appeal may be possible against the regional court’s judgment.

Not sure if your case has a chance in administrative court? Send us the agency’s decision. We’ll assess whether an administrative lawsuit is warranted, monitor the deadlines, and prepare arguments so that the court can clearly see where the agency erred.

What is the Code of Administrative Procedure, and when do you need it?

The Code of Administrative Procedure is a procedural regulation under which courts review decisions, inaction, and certain interventions by administrative authorities. In practice, it governs, for example, actions challenging an administrative authority’s decision, actions seeking protection against inaction, or actions challenging unlawful intervention. It builds on the constitutionally guaranteed right to judicial protection and gives people the opportunity to ensure that an agency’s decision is not final simply because they have already been unsuccessful in an appeal or administrative review.

Specific situations in which administrative courts can help you include, for example, when you disagree with a decision on a building permit, the denial of a benefit application, or a fine for a misdemeanor. The Code of Administrative Procedure is thus crucial for ensuring oversight of public administration and for protecting the rights of individuals against unfair or incorrect decisions by government agencies.

Who can file a lawsuit with an administrative court?

Anyone who believes that a decision, procedure, or other measure by an administrative authority has violated their rights may file a lawsuit with an administrative court. Thus, eligible plaintiffs include natural persons, legal entities, and even state authorities, provided they have the right to protect their legal status.

Several conditions must be met to file a lawsuit:

• the plaintiff must be directly affected by the decision being challenged, and
• must have exhausted all available remedies that were available during the administrative proceedings (such as an appeal).

An administrative lawsuit is not simply another ordinary appeal. In most cases, the court does not reexamine the entire case from the beginning, but rather examines whether the administrative authority acted lawfully, whether it correctly interpreted the legal provisions, and whether it sufficiently justified its decision. This is precisely why it is important to describe precisely in the complaint where the authority erred, rather than basing your arguments solely on a general disagreement with the outcome of the proceedings.

You must filethe complaintwithin two months of receiving the final decision. It must clearly define what you are seeking and in what way you believe the decision is unlawful. The Code of Administrative Procedure thus ensures that lawsuits are directed only against decisions that have a direct impact on the rights of the parties to the proceedings and protects the courts from unfounded filings.

What an Administrative Lawsuit Must Contain

In order for an administrative court to hear the complaint at all, it should primarily include:

• the names of the plaintiff and the defendant administrative authority,
• identification of the decision you are challenging,
• the date the decision was served, for the purpose of verifying the deadline,
• the grounds for the complaint—that is, the specific reasons why you consider the decision unlawful,
• a statement of what you are seeking, typically the annulment of the decision,
• evidence or references to the administrative record, if relevant to the case.

The biggest mistake is often to file a complaint “just to be safe” and add specific arguments later. In administrative lawsuits, the grounds for the complaint generally must be filed within the statutory deadline. Once that deadline has passed, it may already be too late.

Do you have a decision from an administrative authority and is the deadline approaching? Don’t wait until the last day. We will prepare a complaint against the administrative authority’s decision so that it includes all essential arguments in a timely manner.

How does an administrative court proceeding work?

As mentioned earlier, administrative court proceedings begin with the filing of a complaint, which you submit to the appropriate administrative court. Upon receiving the complaint, the court first reviews whether it meets the formal requirements—for example, whether it was filed on time and whether you have exhausted all available remedies in the administrative proceedings. If these conditions are met, the court will proceed to hear the merits of the case.

During the proceedings, the court takes evidence, which may include questioning witnesses, requesting files from the administrative authority, or commissioning expert opinions. After taking evidence, the court issues a judgment, by which it may uphold the administrative authority’s decision. However, if the court grants the petition, it will overturn the contested decision and return the case to the administrative authority with a binding legal opinion for further proceedings. In this case, the court does not replace the overturned decision of the administrative authority. Court proceedings are generally public, and the parties have the right to be informed of the proceedings and to comment on all evidence presented.

Appeals in Administrative Justice

In administrative justice, you have several options for challenging an administrative court’s decision. A distinctive feature, however, is that administrative justice operates on a single-instance basis, as it follows a two-tier administrative proceeding. Therefore, only extraordinary remedies are available.

One of these is a cassation appeal, which may be filed with the Supreme Administrative Court if a party disagrees with a decision by a regional administrative court. A cassation appeal is an extraordinary remedy used to review the legality of a lower court’s decision and the procedures that led to it.

Another extraordinary remedy is a motion to reopen proceedings, which may be filed if new facts or evidence emerge that were not available during the original proceedings and could have affected the outcome.

The Most Common Errors in Administrative Court Proceedings

Parties to administrative proceedings often make mistakes that can negatively affect the outcome of the proceedings. Among the most common mistakes are failure to meet deadlines or insufficient justification of the complaint.

We also encounter cases where claims are filed without first exhausting all remedies available in administrative proceedings, which is a legal requirement for the court to accept the claim. To avoid these mistakes, it is important to thoroughly familiarize yourself with the conditions of court proceedings and, if necessary, consult with an expert regarding the proper procedure. Proper preparation and knowledge of procedural rules are key to successfully defending your rights before an administrative court.

In practice, we see that people often come to us only when the two-month deadline is nearing its end. The problem is not just in filing the complaint itself, but mainly in the need to quickly review the administrative file, the agency’s decision, and any previous appeals to identify specific legal errors. A general claim that “the agency decided unfairly” is usually insufficient for an administrative court.

From our experience: A client turned to us after their application was denied in a building permit proceeding. The authority based its decision on a neighbor’s general objections but failed to explain why these should outweigh the evidence in the file. In the administrative lawsuit, we therefore based our argument primarily on the decision’s insufficient reasoning and violations of procedural rights. It is precisely such defects that are more common in administrative litigation than situations where the court is merely addressing simple disagreement with the outcome.

Summary

The Code of Administrative Procedure gives people the opportunity to challenge an unlawful decision or procedure by an administrative authority. Most often, a lawsuit is filed against a decision by an administrative authority, typically within two months of receiving the final decision after all appeals or other proper remedies have been exhausted. Administrative adjudication does not function as another ordinary appeal—the court primarily examines the legality of the agency’s procedure and decision. If the court grants the action, it usually overturns the decision and remands the case to the administrative agency for further proceedings. Subject to certain conditions, a cassation appeal may be filed with the Supreme Administrative Court against a decision of a regional court.