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

Article 9: Objection to jurisdiction

  1. The court shall, in every phase and level of adjudication, even ex-officio, when finding that the case does not constitute part of judicial jurisdiction, decide to remove the case from the jurisdiction and send the acts to the competent organ.
  2. A special appeal against the court decision may be taken to the Administrative College of the High Court. The College decides in chambers whether or not the case is included in judicial jurisdiction within 10 days from the date of receiving the acts.

A trial that has begun is suspended until the decision resolving the dispute about jurisdiction is rendered.

The court may take only measures to secure the lawsuit and perform procedural actions that cannot wait.

  1. When the Administrative College of the High Court finds that the case is within juridical jurisdiction, it reverses the decision and sends the case for the continuation of the trial to the same judicial panel that had decided to remove the case from jurisdiction.

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