Administrative cassation appeal
ENTITIES ENTITLED TO ADMINISTRATIVE COMPLAINTS
An administrative cassation appeal may be filed by a party, the prosecutor, the Ombudsman, the Ombudsman for Small and Medium-sized Entrepreneurs or the Ombudsman for Children after they have been served with a copy ofthe judgment with justification.
GROUNDS FOR MAKING AN ADMINISTRATIVE COMPLAINT
A cassation appeal may be based on the following grounds: violation of substantive law through incorrect interpretation or improper application, or violation of procedural regulations, if this violation could have a significant impact on the outcome of the case.
FORMAL REQUIREMENTS FOR AN ADMINISTRATIVE COMPLAINT
An administrative cassation appeal should include: 1) identification of the contested judgment, indicating whether it is contested in whole or in part; 2) mentioning the grounds for cassation and their justification; 3) an application for the annulment or amendment of the judgment with an indication of the scope of the requested annulment or amendment.
DEADLINE FOR SUBMITTING AN ADMINISTRATIVE COMPLAINT
An administrative cassation appeal must be filed with the court that issued the contested judgment or decision within thirty days from the date of delivery to the party of a copy of the judgment with justification.
REPLY TO ADMINISTRATIVE COMPLAINT
The opposing party may file a response to an administrative cassation appeal to the court of second instance within two weeks of being served with the complaint. If a cassation appeal is filed by the Prosecutor General or the Ombudsman, both parties may submit a response to the complaint.
COURT FEES
The fee must be paid when submitting a fee-paying document to the court.
CASSACTION TRIAL
The Supreme Administrative Court examines an administrative cassation appeal at a hearing composed of three judges, unless a specific provision provides otherwise.
RESULTS OF THE CASSACTION COMPLAINT
The Supreme Administrative Court dismisses an administrative cassation appeal if there are no justified grounds or if the contested decision, despite the incorrect justification, complies with the law. If the Supreme Administrative Court accepts an administrative cassation appeal, it repeals the contested judgment in whole or in part and remits the case for reconsideration to the court that issued the judgment, and if this court cannot hear it in a different composition, to another court. § 2. If the case is referred for re-examination, the court shall hear it in a different composition.