ON THE ADMINISTRATIVE COURTS AND ADJUDICATION OF ADMINISTRATIVE DISPUTES | 49/2012
Article 13: Disputes of competences
A failure of substantive or functional competence is raised even on initiative at any condition or level of the examination.
A failure of territorial competence may be raised or objected to by the parties only before the judicial examination of the evidence has begun.
The court declares its lack of competence for the reasons provided in this article by decision and orders the acts sent to the competent court. A decision declaring lack of competence and a decision refusing a request to declare non-competence are appealed together with the final decision.
There is a dispute about competence when two or more courts, at the same time, take under examination or do not agree to take under examination the same administrative case.
At the request of the parties or on its own initiative, the court raises the question of a dispute by a reasoned decision, with which it submits to the High Court a copy of the acts necessary for its resolution. The court that has given the decision immediately notifies the court in dispute. The decision to raise the dispute, together with the acts, is sent to the High Court within five days.
The disputes are resolved by the Administrative College of the High Court, which decides in chambers with three judges within ten days from the date of receipt of the acts. The decision is immediately made known to the courts in the dispute and to the parties.
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