ON THE ADMINISTRATIVE COURTS AND ADJUDICATION OF ADMINISTRATIVE DISPUTES | 49/2012
Article 34: Judicial session
The judicial session is held according to the articles of the Code of Civil Procedure, to the extent that they are compatible with this law.
The failure of the parties to appear in the session does not cause the postponement or dismissal of the adjudication.
The examination of the case by the court in judicial session is done in writing, but the parties may ask to present their explanations orally. In this case, the court instructs the parties to cite only the factual and legal issues that in its opinion are important for the rendering of the decision even if they were not referred to in the lawsuit previously submitted.
An expert requested by the parties appears in the judicial session to explain orally his special knowledge about the nature of the dispute. The rules of the Code of Civil Procedure for witnesses are applied for questioning him. The probative value of his affirmations is the same as the value of the statements of a witness. He answers the questions posed by the parties and the court. In order to help his memory, the expert may read the documents prepared by him. In special and complicated cases, the court may decide that the expert shall present his explanations in writing within 10 days.
An expert designated by the court appears in the trial with the act prepared in writing, according to the duties set by the chairing judge in the preliminary actions. He responds orally to the questions posed by the parties and the court.
If the court has set a time limit for the submission of final claims of the parties in writing, the failure to present them in writing within the time limit designated does not constitute a reason to postpone the judicial examination.
EN