KOMENTARI ELEKTRONIK
ON THE ADMINISTRATIVE COURTS AND ADJUDICATION OF ADMINISTRATIVE DISPUTES   |   49/2012

Article 11: Territorial competence

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  1. Lawsuits against an administrative action are examined in the administrative court of first instance that includes the territory in which the public organ has performed the contested administrative action.

In cases when a higher administrative organ, after an administrative appeal, changes the administrative act of the subordinate organ, the lawsuit is brought in the court that includes the territory where the higher administrative organ has its centre. 

  1. Lawsuits for employment relations are examined in the administrative court of first instance that includes the territory where the employee normally performs his work.
  2. Lawsuits for administrative disputes that have for their object the protection of lawful rights and interests that come from immovable items are examined in the administrative court of first instance that includes the territory in which the item or the largest part of it is located.
  3. Lawsuits for disputes that are related to the protection of the constitutional and legal interests, rights and freedoms that come from social and health insurance, economic aid and disability pay, in addition to what has been provided in this law, are examined in the administrative court of first instance that includes the territory where the plaintiff has his residence or domicile.
  4. When territorial competence cannot be determined in this way, then the court in whose territory the defendant public organ has its centre, is the competent court.

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