Law on Administrative Disputes
The law, Official Gazette RS 111/2009, governs judicial review of final administrative acts and other final individual acts where no other judicial protection is available. The Administrative Court is competent.
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Judicial review of administration
The Law on Administrative Disputes, published in Official Gazette RS 111/2009, governs judicial review of final administrative acts. It also covers other final individual acts where another form of judicial protection is unavailable, and administrative silence under special conditions. The Administrative Court is competent. These proceedings differ from applying to an administrative body and from an administrative appeal.
Before suing, identify the challenged act, whether it is final and whether an available administrative appeal first had to be used. Check whether you have the legal standing required to challenge that act. Disagreement with a public decision does not give everyone an identical right to bring proceedings. The special substantive law remains important for the entitlement sought, such as a permit or benefit.
The claim should identify the contested act, reasons, requested relief and necessary attachments. Keep the decision and evidence of delivery. The general filing period is 30 days from delivery of the act unless legislation prescribes a shorter period. Administrative silence has separate preconditions; the same account cannot simply be applied as where a decision has already arrived. A clear record of the administrative proceedings helps the court understand what is challenged.
Bringing an action generally does not suspend enforcement. Suspension must be requested separately where the statutory conditions are met; disagreement with the decision alone is insufficient. The court can annul an unlawful act, while deciding the administrative matter itself depends on the conditions for full jurisdiction. Extraordinary remedies have a special scope and are not a general appeal against every judgment.
Use the official Ministry of Public Administration and Local Self-Government text and relevant official sources to check procedure. Distinguish the claim deadline, a suspension request and steps following judgment.
Avangarda’s information overview; translations are editorial, not official legislation. Check the current official law for your situation and obtain qualified legal assistance where needed.
What is this for?
Explains when a final administrative decision may be challenged in court.
Who can use it?
People with statutory standing in administrative litigation and their representatives.
When should it be used?
Following a final decision, or administrative silence when statutory conditions are met.