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

Article 37: Case examination limits

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  1. The court examines the legality of the contested administrative action based on the evidence submitted by the parties and the legal and factual situation that existed at the time of performance of the concrete administrative action.
  2. In cases when the plaintiff requests or the substantive law requires the issuance of an administrative act, the court bases its decision on the factual and legal situation at the time of taking the decision.
  3. In a case when the law gives the public organ the right to alternative choices in the issuance of an administrative act or the performance of another administrative action, the court also examines whether:

a) The choice by the public organ was made in conformity with the objective and purpose of the law;

b) The choice by the public organ was made only to reach the purpose of the law;

c) The choice by the public organ is in a correct relation with the need that dictated it.

     4. In the case of a normative subordinate legal act, the court examines the legality of the contested act, evaluating the three criteria defined in point 3 of        this article.

     5. For disputes in the field of labour relations, the court applies the legislation that regulates labour relations.

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