How can be initiated an administrative dispute?
An administrative dispute is initiated by filing of a claim. A claim is submitted within 30 days from the day of submission of an administrative act to a party or within the shorter period set forth by law.
If the competent authority or the interested party was not submitted an administrative act, the authority or the interested party may file a claim within 60 days of receipt of the administrative act to the party.
To whom a claim may be lodged?
An administrative dispute is initiated by filing af a claim before the court seat of the Administrative Court in Belgrade, by personal filing at the reception office or by sending of a registered mail at the folowing address: 9 Nemanjina St., 11000 Belgrade.
A party may lodge a claim, as well as other briefs, on the record before the court; a claim may be electronically filed before the Administrative Court using the following e-mail email@example.com provided that the electronic document is signed with a qualified electronic signature in accordance with provisions of the Law on Electronic Document.
How can be initiated a procedure for protection of electoral right?
The procedure for protection of electoral right before the Administrative Court is initiated by filing an appeal against a decision issued by the Republic Electorial Commission within 24 hours from the moment of serving the decision to a party.
During the implementation of all electoral activities appeals may be filed directly at the reception office or by sending of a registered mail to the following address: 9, Nemanjina St., 11000 Belgrade, 24 hours every working day, as well as on Saturday and on Sunday.
In which period may be submitted a claim in case of “silence of the administration”?
If the competent authority failed to issue an administrative act to a party against the first instance decision within the 60 day from the day of submission of an appeal or within the period set forth by special regulation ( and also if the competent authority failed to issue an administrative act even after seven days from the day of repeated request) a party may lodge a claim before the Court after seven day from the day of repeated request.
In the same manner an administrative dispute may be initiated when a competent authority (first-instance body) failed to issue an administrative act upon the motion. е.g. мotion of a party.
What are the extraordinary legal remedies that may be lodged against an Administrative Court decision?
No appeal may be lodged against a judgment rendered in an administrative dispute (Article 7, paragraph 2 of the Law on Administrative Dispute “Official Gazette RS”, no. 111/09).
The extraordinary legal remedies, that may be lodged against a judgment rendered in an administrative dispute, are set forth by to the Law on Administrative Dispute, such as:
Motion to review a court decision- Against a final Administrative Court decision, party and competent public prosecutor may lodge a motion to review a court decision before the Supreme Court of Cassation within 30 days from the day of submision of an administrative act to a party.
Retrial- Against a final administrative decision an appeal for the retrial of the procedure may be lodged, taking into consideration reasons set forth by the provision of the Article 56 of the Law on Administrative Dispute.
The procedure may be retried no later than 30 days from the day a party learned about the reason for retrial; except in case from Article 56, paragraph 1, point 7, when the procedure may be retried within the period of six months from the day of publishing of the European Court of Human Right decision in the “Official Gazzete of the Republic of Serbia”.
If a party learned about the reason for retrial while the court procedure was not finished, and can not use that reason during procedure, retarial may be requested within the period of 30 days from the day of submission of an administrative act to a party.
After five years from final court decision, the retrial of the procedure shall not be requested.
How can I learn more about case number?
These information are requested at the reception desk, directly or by phone, as well as in written form by email or by registered mail.
YOU CAN GET INFORMATION ABOUT CASES ON THE FOLLOWING PHONE NUMBERS:
(00381) 11 363 52 32 and (00381) 11 363 52 37.