Jurisdiction of the courts is regulated by the Law on Organization of Courts and Law on Seats and Territories of Courts and Prosecutor’s Offices. These laws stipulate that the Administrative Court adjudicates administrative disputes and performs other activities prescribed by law. The Supreme Court of Cassation decides upon appeals of decisions issued by the Administrative Court upon a motion to appeal by a party.
The Administrative Court also decides in an administrative procedure about legality of final administrative acts and about legality of individual final acts deciding on rights, obligations or statutory interest, in terms of which in a specific case a law does not stipulate any other court protection.
A Plaintiff in an administrative dispute may be a natural person, legal entity or any other person, if he/she believes that some of his/her rights or statutory interests have been violated. A state body, provincial body and local self-government units, organization, part of a company with authorization in legal transactions, settlement, a group of persons and others who are not legal entities may initiate administrative dispute if they have rights and duties which may be subject to administrative proceedings.
An Interested Party is a person who would suffer detrimental effect in case an administrative act is annulled.
An Accused in an administrative dispute is an authority whose document is being disputed, or an authority that upon a request, or an appeal by a party failed to issue an administrative act.
Subject of administrative dispute – An administrative dispute may be initiated against any administrative act issued during the second instance proceedings and against the first-instance administrative act where there is no right to appeal.
Silence of the administration – An administrative dispute may be initiated when a competent authority has failed to issue an administrative act upon the motion, i.e. appeal by a party.
Administrative cases are often very complex cases by their nature, such as: protection of the electoral right, tax on extra profit, suspension of license for work and banks liquidation, privatization of a company by a public tender and auction, cases from the pension and disability insurance related area, public revenues, taxes, foreign trade and foreign currency business operations, and so forth.
All claims may be filed before the court seat of the Administrative Court, by personal filing at the reception office or by sending of a registered mail, from Monday to Friday during the working hours from 7.30 am to 3.30 pm at the address: 9 Nemanjina St., 11000 Belgrade.
Necessary documentation for filing a case:
The claim and an original copy or photocopy of an act the claim is filed against.
Common time for filing a claim:
30 days from the day of submission of an administrative act to a party
Types of decisions issued by the Administrative Court
Judgments and Decisions
Control of Work of the Administrative Court
Against a final Administrative Court decision a motion to review a court decision may be filed before the Supreme Court of Cassation.
Against whom a claim may be filed in the Administrative Court?
- Public administration
- Local self-government units
- Public enterprises
- Governmental Agencies