Administrative Act – when can it be challenged and how can it be annulled?🏛️

What is an administrative act?

An administrative act is a written decision issued by a public authority, through which it approves, orders, prohibits, or imposes a certain conduct or activity either individually or generally.

📌 Examples:

• Tax assessment decisions;
• Resolutions of local councils;
• Refusals to issue permits or authorizations;
• Termination decisions of public sector employment relationships.

When can it be challenged?

• If it is unlawful – contrary to the law or the Constitution;
• If it is adopted with abuse of power – lacking legal justification or violating fundamental rights;
• If it suffers from procedural defects – issued without proper consultation, motivation, or legal competence;
• If it causes a direct and personal harm to the individual concerned.

What are the time limits?

As a general rule, a preliminary complaint must be filed within 30 days from the communication or acknowledgment of the act.

If no response is received, or if the response is negative, legal action before the administrative court may be initiated within 6 months from the date of the response or from the expiry of the response deadline.

What remedies can the court grant?

• Full or partial annulment of the administrative act;
• Suspension of its effects during litigation;
• Obligation of the authority to issue a new act in accordance with the law;
• Compensation for the damages caused by the unlawful act.

Not every decision of the public administration is final. If an administrative act infringes your rights or has been issued abusively, the law provides clear legal remedies to contest it. Our legal team, specialized in administrative law, is here to help you build a strong case and defend your rights effectively.