Understanding the Protection of Rights in Administrative Cases
The Administrative Court was established to review the exercise of state power or actions by state officials that may affect the rights and freedoms of individuals and businesses (e.g., revocation of a license or an unlawful policy). Administrative litigation requires a clear understanding of Public Law, which differs significantly from general Civil and Criminal Law.
Step 1: Verifying the Administrative Order and Time Limits
Before filing a lawsuit, you must ensure the case falls under the Administrative Court’s jurisdiction and has not passed the Statute of Limitations:
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Confirm “Administrative Case”: Verify that the dispute arises from an “Administrative Act” or the exercise of power by a state agency (e.g., an order, regulation, or cabinet resolution that impacts you).
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Check Statute of Limitations: Generally, the lawsuit must be filed within 90 days from the date you knew or should have known the grounds for the lawsuit (unless a longer period is specified for certain cases).
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Consult an Administrative Law Attorney: Immediately contact our Administrative Law Department for expert analysis of the legal flaws in the state’s order.
Step 2: Pre-Litigation Procedures Before the Administrative Court
While some administrative cases can be filed directly, most require internal recourse within the state agency first:
2.1 Appeal to the Governing Agency
If the law allows for appealing the order to the issuing agency, you must submit an Appeal Petition first. The Statute of Limitations clock restarts after you receive the result of the internal appeal.
2.2 Petition Drafting
Prepare the petition clearly outlining the facts, legal arguments, and the relief requested, such as requesting the annulment of the order, claiming damages, or requesting the state agency to perform its duty.
Step 3: Litigation in the Administrative Court
The Administrative Court has unique procedures focused on seeking the truth, unlike general civil courts:
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Filing the Petition: Submit the lawsuit to the Administrative Court with jurisdiction.
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Case Consideration: The court will serve a copy of the petition to the defendant state agency, allowing both parties to submit explanations and evidence.
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Claiming Damages from the State: If the state’s or official’s action caused you harm, your attorney will include a claim for compensation (indemnity) arising from the Administrative Tort.
Let Public Law Attorneys Protect Your Rights
Litigating against state agencies requires deep expertise in Public Law and familiarity with the specific procedures of the Administrative Court. If you are affected by an unjust order or official negligence, do not hesitate to consult our Administrative Law Department.
