The administrative court ruled against you? Did it fail to follow the rules, or fail to act as it should have, or misjudge the evidence? Take the opportunity to file a cassation complaint with the Supreme Administrative Court. In this article, we will look at when you can file a complaint, what should be included in it and how the Supreme Administrative Court decides on it.
A cassation complaint is one of the extraordinary remedies against a final decision of a regional court in the administrative justice system. It is therefore the last resort and usually the only way to change the decision of the administrative court. Its regulation can be found in the Administrative Procedure Code.
The second extraordinary remedy against a decision of an administrative court is a retrial. This can only be used in the case of protection against interference by an administrative authority or in proceedings concerning political parties and movements. In order to apply for a retrial, it is necessary to meet the condition of discovering new evidence or facts that have the potential to change the final decision of the court (for example, a new witness or document is discovered).
Tip: Renewal of proceedings is also possible in criminal, civil and Constitutional Court proceedings. Read about how the reopening of criminal proceedings works.
The Court of Cassation does not exist as such, it is the Supreme Administrative Court (SAC). In addition to deciding on cassation complaints, the Supreme Court is also responsible for deciding on competence disputes between public administration bodies, political parties or movements, decides on matters relating to elections and acts as a disciplinary court for judges, bailiffs and public prosecutors.
Tip: We have discussed the Supreme Administrative Court, its structure, powers and functioning in detail in our article.
You can only lodge a cassation complaint after a final decision has been made by a lower court (usually a regional court). You must also meet one of the statutory grounds:
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, cassation complaint or constitutional complaint, depending on the proceedings and the stage they are at.
Conversely, an appeal cannot be brought where:
Tip: Do you have administrative proceedings coming up and would you like to prepare for them? Or are you a participant in the ongoing process and want to know the next steps of the administrative authority? Read how the administrative procedure works.
The appeal must contain the following information:
Tip: Definitely don’t file a cassation complaint on your own, and certainly don’t use templates from the internet. This is a complicated matter and you could lose not only the appeal fee but also the very possibility of using this remedy. We therefore strongly recommend that you contact an experienced lawyer who can sort everything out for you.
The appeal must be lodged within two weeks of receipt of the court’s decision. If you miss the deadline, you cannot file a complaint. You must file it with the Supreme Administrative Court or the court that ruled in the first instance. You must also expect to pay a court fee of CZK 5 000 for the appeal.
Tip: How do court fees and exemptions work? Find out in the next article.
The appeal has no suspensive effect. In some cases, however, the Supreme Administrative Court may grant it at your request. This is possible, for example, in a situation where the legal consequences of the decision would cause you disproportionately greater harm than that which may be caused to other persons by granting you suspensive effect. At the same time, it must not be contrary to an important public interest.
The SAC shall decide on suspensive effect without undue delay or within 30 days if there is no risk of delay. It then applies until the actual decision on the appeal is taken.
If the SAC finds that the appeal meets the conditions laid down by law, it sends it to the other parties to the proceedings and gives them the opportunity to comment. It then obtains all the documents necessary for the decision (e.g. the administrative authority’s and regional court’s files). The Supreme Administrative Court usually decides on the complaint itself without a hearing.
The SAC may find the complaint well-founded and annul the decision of the regional court (court of first instance). It will then refer your case back to it for further proceedings, together with its legal opinion, which the regional court must follow in making its decision. In this case, the regional court will also decide on the costs of the appeal.
A cassation appeal is an extraordinary remedy within the administrative justice system which allows a final decision of the regional court to be corrected. The appeal must be lodged with the Supreme Administrative Court (SAC) within two weeks of the date of service of the decision and must identifythe parties to the proceedings, the specific decision, the date of service and the reasons why the decision should be annulled. The Supreme Administrative Court cannot alter the decision, but only annul it and refer it back to the regional court for reconsideration .
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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