Administrative Acts and Their Challenge – Rights, Time Limits and Protection Against Unlawful Decisions of the Administration

The state and municipalities issue acts on a daily basis that directly affect the lives and activities of citizens and businesses. These acts are not part of civil or commercial contracts, yet their legal consequences often influence the creation, development, or termination of various legal relationships. A refusal to issue a particular act may have the same significance as the issuance of the act itself. For this reason, the law provides clear rules regarding the issuance, challenge, and enforcement of administrative acts.

The procedures are regulated by the Administrative Procedure Code (APC), which determines when an act is lawful, how it may be challenged, and what the rights of the affected persons are.

Types of Administrative Acts

In practice, administrative acts are divided into three main categories:

Individual administrative acts – addressed to specifically identified persons and producing one-time legal effect;

General administrative acts – affecting an undefined group of persons but also producing one-time effect;

Normative administrative acts – containing general rules and having continuous effect over time.

This distinction is important because the procedure and deadlines for challenge differ.

Challenging Individual Administrative Acts

Individual acts are the most common – they create, amend, or terminate rights and obligations for specific persons. Examples include an order for sealing a commercial establishment, a decision granting or refusing a pension, a tax audit act, or an order terminating a service relationship.

These acts may be challenged in two ways:

By administrative procedure – before a higher administrative authority;

By judicial procedure – before the administrative court.

Before the higher authority, the act may be contested both regarding its lawfulness and its expediency. The court, however, examines only its lawfulness – whether the act was issued by a competent authority, in compliance with the procedure and the law.

The usual deadline for appeal is 14 days from notification of the act. If no instructions regarding appeal are provided, the deadline is extended to two months, and if the act incorrectly states that it is not subject to appeal – six months.

The appellant must have a legal, direct, and personal interest – meaning that the act must actually affect his or her rights or legitimate interests.

Grounds for annulment include lack of competence, defects in form, substantial procedural violations, contradiction with substantive law, or inconsistency with the purpose of the law.

It is important to note that the appeal is submitted through the authority that issued the act, which has the opportunity to reconsider it. Even if the appeal is filed directly with the court, it will still be examined.

Peculiarities Regarding Penal Decrees and Coercive Measures

Penal decrees imposing fines are not challenged under the APC but under the Administrative Offences and Penalties Act (AOPA), directly before the district court.

However, alongside the fine, a coercive administrative measure is often imposed – for example, temporary withdrawal of a driving license, sealing of a commercial site, or suspension of activity. Such an order constitutes an independent administrative act and is challenged separately under the APC.

Challenging General Administrative Acts

General administrative acts affect an undefined group of persons but produce one-time legal effect. The initiation of proceedings is publicly announced, including through publication in the State Gazette.

The time limits for appeal differ:

14 days for persons who participated in the proceedings;

one month for other interested persons.

Filing an appeal does not suspend the execution of the act unless the court expressly orders otherwise.

Challenging Normative Administrative Acts

Normative acts – regulations, ordinances, rules, instructions – contain general rules and have ongoing effect. They may be challenged only before a court and without time limitation.

The appellant must demonstrate legal interest. The court may only annul the act or part of it but cannot amend it.

Tacit Refusal and Protection Against Inaction

When the administration fails to issue a decision within the statutory time limit, a so-called tacit refusal or tacit consent arises. These situations are also subject to appeal, generally within one month from the date on which the authority was required to issue a decision.

Administrative courts also provide protection against unlawful actions or omissions of the administration, as well as through declaratory claims regarding the existence or non-existence of an administrative legal relationship.

Preliminary Enforcement

As a rule, administrative acts are not enforced before the expiration of the appeal period. An exception exists where preliminary enforcement is allowed. It may be expressly ordered or provided directly by law.

The order for preliminary enforcement may be challenged separately within a short time limit. It is possible to request suspension of enforcement where there is a risk of significant harm.

Compensation for Damages from Annulled Acts

When an administrative act is annulled or declared null and void, the affected person may claim compensation for damages under the State and Municipalities Liability for Damages Act.

In certain cases, annulment must first be obtained before seeking compensation. In cases of nullity or withdrawn acts, claims may be combined in a single proceeding.

Conclusion

Administrative acts are a powerful instrument of state authority. They may restrict rights, impose obligations, or deny access to certain opportunities. Therefore, the law provides mechanisms for judicial control and protection.

Understanding deadlines, appeal procedures, and available remedies is essential for both citizens and businesses. Timely challenge is often decisive, as missing a deadline may render an unlawful act final.

If you or a relative are facing such a situation, it is advisable to consult a lawyer specialising in administrative law who can provide legal advice and representation before the court. This article does not constitute a legal opinion or legal advice from Attorney Tomov and is not related to a specific case or subject. For legal assistance in matters concerning administrative acts or any administrative law issues, a legal consultation with a lawyer should be conducted.