"ON GOVERNANCE INSTITUTIONS OF THE JUSTICE SYSTEM "   |   115/2016

Article 99: Review procedure

1Where an individual administrative act has been issued by the Committee, the interested subjects are entitled to seek the annulment, amendment or consolidation by the plenary meeting of the Council.

2The request for review is made in writing. It shall be handed over not later than 10 (ten) days from the day of notification of the interested party in compliance with the requirements of this article.

3The request may be based on the following grounds:

aThe decision has been based on material and factual errors;

bA severe procedural error has occurred.

4The applicant may not submit new claims or evidence during the hearing of the matter by the plenary meeting of the Council, unless the interested party proves that it has not been and might not have been aware of these facts before.

5The plenary meeting of the Council shall examine and decide on the requests within 30 (thirty) days from the day of submission.

6If the request has not been submitted within the time limit and in the format required in this Law, it shall not be admitted. The applicants shall be notified on the rejection and grounds of rejection of their request for review.

7The Council, in this case, shall hold its meetings in-camera. Exceptionally, the Council may hold hearings with the subjects of the proceedings, when this is required as a result of new evidence, under paragraph 4 of this Article.

8Based on the conclusion of consideration of the request for review, the Council shall determine whether the request for review should be admitted or dismissed. In the event of admission, the Council shall adopt an amended administrative decision. Amendments can be made only to the extent requested by interested subject.

9The Council may annul an individual administrative act even ex officio, upon establishing the conditions provided for in paragraph 3 of this Article.

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