ON THE ADMINISTRATIVE COURTS AND ADJUDICATION OF ADMINISTRATIVE DISPUTES | 49/2012
Article 35: Burden of proof
The public organ has the obligation to prove the legality of the administrative act, administrative contract and other administrative action issued not on the request of the plaintiff as well as the facts that it has set out and put at the basis of the activity that is contested in court.
The organ of the public administration has the obligation to prove the legality of the actions in labour relations from which a dispute has arisen that is the object of the adjudication. 3. In other cases, the party has the obligation to prove the facts on which it bases its claim. But even in those cases, the court, even on its own initiative, by intermediate decision, may order the transfer of the burden of proof to the public organ, when there are reasonable suspicions, based on written evidence, proving that the public organ is hiding or is wilfully not submitting facts and evidence important for the solution of the dispute. This decision is appealed together with the final decision.
EN