1 June, 2021
The Senate has summarized its case-law on the issue of a person's right to apply to an administrative court with an application for recognition of an administrative act as an unlawful and substantial procedural violation. The summary includes the findings expressed in Senate’s rulings during the period from 2015 to 2020, which explain the essence of this application and the content of the admissibility criteria of the application.
The subjects of the application regarding which a person may submit an application to an administrative court are determined by the provisions of Section 184 of the Administrative Procedure Law. Section 184, Paragraph one specifies the primary types of claims, which the legislator has envisaged as a means to prevent violation of personal rights, while Section 184, Paragraph two specifies the types of claims, which are allowed only if the interests of a participant in the proceedings cannot be protected by the provisions provided for in Paragraph one of the Section. If it has caused a substantial violation of a person's rights or legal interests, a person has the right to apply to a court for establishing of a procedural violation within the administrative proceedings or for declaring an administrative act unlawful in order to prevent a recurrence of similar cases or seek redress.
The understanding and consistent application of the provisions of Section 184, Paragraph two of the Administrative Procedure Law play an important role in the implementation of the right of a person to apply to an administrative court. A summary of Senate’s case-law with regard to this provision shall help a person to understand and use these rights.
The summary was prepared by the Division of Case-law and Research in cooperation with the Department of Administrative Cases of the Senate.
- The compilation of case-law Application for recognition of an administrative act as unlawful or establishment of a procedural violation committed in the process of its issuance. Section 184, Paragraph two of the Administrative Procedure Law is available on the Supreme Court webpage at Case-law/ Compilations of case-law/ Administrative law
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: firstname.lastname@example.org, telephone: +371 67020396, +371 28652211