On 1 July 2024, the new Administrative Disputes Act came into force, replacing the almost fifteen-year-old legal rules regulating administrative disputes. Let’s take a look at the main differences and similarities between the two.

Unlike its predecessor, the newly enacted Administrative Disputes Act contains detailed provisions on the validity of representation of the parties. Also, while the earlier act regulating administrative disputes referred to the provisions of Civil Procedure Act regarding evidence, the new Administrative Disputes Act contains provisions on evidence and presentation of evidence.

Furthermore, like the earlier act, the new Administrative Disputes Act stipulates that the dispute is, as a principle, conducted as the full jurisdiction dispute. However, in many cases, the administrative courts failed to act as courts of full jurisdiction. Now, the new Administrative Disputes Act contains a provision that obliges the administrative court to explain in detail why it chose not to adjudicate as the court of full jurisdiction.

In addition, the new Administrative Disputes Act introduces novelties to the already known legal remedies. In this regard, the High Administrative Court, acting as an appellate court, may now remit the case back to the court of first instance. Earlier, the High Administrative Court could either reverse the first instance decision or dismiss the appeal and uphold the first instance decision.

Another novelty relates to the proposal for renewal of a dispute - earlier, the proposal could only be submitted if the dispute was finalised by a judgment, and now, the proposal may be submitted if the dispute was finalised both by judgment and resolution.

Lastly, the majority of novelties with respect to legal remedies in administrative disputes relates to the proposal for extraordinary review of legality of a final decision. In comparison with the earlier regulation, the reasons for submission of the proposal for extraordinary review of legality of a final decision are narrowed down - now,  particularly serious material or procedural violation of law that needs to call into question the uniform application of law and the equality of all in its application has occurred. Also, the new Administrative Disputes Act in certain circumstances now allows the parties to submit the proposal for extraordinary review of legality of a final decision, a right that previously belonged exclusively to the State Attorney’s Office.

Finally, the Administrative Disputes Act will apply to administrative disputes initiated before it came into force. Still, if the trial was concluded before the Administrative Disputes Act came into force, the earlier act regulating administrative disputes shall apply. In this regard, it should be mentioned that the trial is the stage of the administrative dispute which precedes the first instance decision, however, the trial in an administrative dispute is not always held. Therefore, the administrative courts will have to answer the following question: which act is applied in the administrative disputes where a first instance decision has been made, but the trial was not held?

*Photo: Pixabay_Hermann Traubb