Public administration procedures

writing-1149962_960_720%20(1)_1.jpgThe Code of Administrative Court Procedure in force as from 1 January 2018 has brought about significant changes in the rules of procedure, with the range of cases to be adjudged in public administration lawsuits considerably extended. Accordingly, an ordinary person may resort to a public administration court, in seeking to have public administration resolutions reviewed, where you find the measues made by a public administration entity unlawful, or where the public administration entity failed to fulfil its procedural duties (failed to adjudge your petition), when your complaint relates to a public administration contract or your public administration service status, or where you seek to receive compensation for the damage you sustained in relation to such service status. You may also resort to a public administration court to have public-administration related facts established.

As a general rule, the petition must be filed with the public administration authority of the first instance. A material deviation lies however in regards to certain types of lawsuits, namely about legal disputes based on public administration contracts and certain public service relations or where no preliminary public administration procedure has been conducted, the petition must be directly filed with the court.

The new legislative environment has given rise also to changes in scope of powers, whereby at the first instance, specific case types (e.g. chamber cases, air traffic cases, public procurement, etc.) may also be adjudged by the General Metropolitan Court, in addition to public administration and labour courts.

In public administation lawsuits, legal representation is compulsory in lawsuits before the general court and Curia, so natural persons may pursue their claims in person before public administration and labour courts. Appeals and petitions for judicial review on behalf of private individuals may be lodged with the involvement of a legal representative only.