Administrative Law

Administrative law is the branch of law, grounded in the Constitution, that sets out the rules on the organisation and activities of the administration and strikes a balance between the powers and privileges granted to public authorities and the rights and freedoms of individuals. Judicial review is always available against acts and actions of the administration; however, time limits in administrative proceedings are strict and missing them results in the loss of rights.

Types of action

• Action for annulment: Filed by those whose interests are affected, seeking the annulment of administrative acts that are unlawful in terms of competence, form, grounds, subject matter or purpose.
• Full remedy action: Filed by those whose personal rights are directly infringed by administrative acts or actions, seeking compensation for the damage suffered. For damage caused by administrative actions, an application must first be made to the administration within one year of learning of the action and in any event within five years of the action (Administrative Procedure Law Art. 13).

Time limits

• Unless a special law provides otherwise, the time limit for filing suit is sixty days before the Council of State and administrative courts and thirty days before tax courts (Administrative Procedure Law Art. 7).
• Before filing suit, the administration may be asked, within the filing period, to withdraw, revoke or amend the act. This application stops the running of the filing period; if no answer is given within thirty days, the request is deemed rejected (Administrative Procedure Law Art. 11).

Stay of execution

Filing a lawsuit does not, as a rule, suspend the implementation of the administrative act. A stay of execution may be requested where the act is manifestly unlawful and its implementation would cause damage that is difficult or impossible to remedy, both conditions being met together (Administrative Procedure Law Art. 27). Presenting this request with reasons and supporting documents can shape the course of the proceedings.

Main areas of work

• Actions against appointment, transfer, disciplinary and dismissal decisions concerning public servants
• Zoning practices, building permits, demolition orders and zoning fines
• Expropriation and de facto expropriation disputes
• Disputes arising from public procurement and administrative contracts
• Business and operating licences, sealing and suspension of activities
• Customs penalties, administrative fines and disputes arising from tax offences and penalties; tax settlement procedures
• Risky building and risky area decisions within the scope of urban regeneration

Our firm provides legal services in filing administrative applications and objections, exhausting administrative remedies, following settlement procedures and litigating before administrative courts.

The information on this page is provided for general information purposes only and does not constitute legal advice.