Jurisdiction of the Court

Jurisdiction of the courts is regulated by the Law on Organization of Courts and Law on the Seats and Territories of Courts and Prosecutor’s Offices. These laws stipulate that the Administrative Court adjudicates in the administrative disputes and performs other tasks prescribed by Law.  The Supreme Court decides upon request to review a court decision of the Administrative Court.

In an administrative dispute, the Court also decides on the legality of final individual acts deciding on a right, duty or legally grounded interest, in terms of which, in a specific case a law does not stipulate any other judicial protection.

A plaintiff in an administrative dispute may be a natural person, legal person or any other person, if he/she believes that some of his/her right or statutory interest have been violated. A state body, body of the autonomous province and local self-government units, organization, part of a company with authorization in legal transactions, settlement, a group of persons and others who are not legal entities may initiate an administrative dispute if they have rights and duties which were decided upon in the administrative procedure.

An interested party is a person who would suffer detrimental effect in case of annulment of administrative act.

A defendant in an administrative dispute is an authority whose administrative act is being disputed, or an authority that failed to issue an administrative act upon a request, or an appeal filed by a party.

Subject matter of the dispute – The administrative dispute may be initiated against administrative act issued in the second instance, and against the first instance administrative act against which an appeal is not allowed in the administrative proceeding. Silence of administration – the administrative dispute may also be initiated when a competent authority fails to issue administrative act upon request, i.e. appeal of the party.

The administrative cases are very often complex in nature, such as: protection of electoral right, revocation of working licenses or liquidation of banks, privatization of companies through public sale and auction, cases related to pension and disability insurance and social protection, public revenue, customs, foreign trade and foreign exchange, etc.

All the claims may be submitted exclusively in the Court Seat of the Administrative Court in Belgrade, in person at the reception desk (working hours are on Monday to Friday from 7:30 A.M. until 3:30 P.M.), or they may be sent via registered mail to the following address: Belgrade, 9 Nemanjina Street.

Required documentation:

• A claim and an original or copy of the act against which a claim is submitted
• General deadline for submitting a claim
• 30 days from the day of the reception of the administrative act
• Types of the decisions adjudicated by the Administrative Court
• Decisions and rulings
• Control of the work of the Administrative Court
• Against the decision of the Administrative Court, a request to review a court decision may be filed, upon which the Supreme Court decides.
  
  

Who can be a defendant in the administrative dispute?

1. State authority
2. Local self-government body
3. Public companies
4. Public agencies