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Disputes adjudicated in administrative courts

25. January 11
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Only a person who finds that his or her rights have been violated or his or her freedoms have been restricted by an administrative act or measure of a legal person in public law (e.g. the state or a local authority) has the right to file an action with an administrative court.

You could also say that an administrative court adjudicates disputes where one party is the state or a local authority (or official thereof) who upon performance of its public duties has violated the rights of the individual or (a legal person). Disputes relating to ownership reform and land reform, public service, tax administration, citizenship and migration issues, public procurement, state assets, construction and planning, state liability – all this falls within the jurisdiction of administrative courts.

There are two administrative courts: Tallinn Administrative Court and Tartu Administrative Court. In the second instance, i.e. in the instance of appeal, decisions of administrative courts are also reviewed by the administrative chambers of the Tallinn Circuit Court and the Tartu Circuit Court. The last instance to review court decisions is the Administrative Chamber of the Supreme Court.

The administrative procedure is regulated by the Code of Administrative Procedure.

Administrative acts against which an action or protest may be filed with an administrative court are the orders, directives, resolutions, precepts or other legislation which regulate individual cases in public law relationships, issued by agencies, officials or other persons who perform administrative functions in public law. Public law contracts are also deemed to be administrative acts (a contract which regulates public law relationships). You cannot take recourse to an administrative court with respect to a law or regulation, because they do not regulate individual cases. The same applies to court judgements – in such an event you have to address a court of a higher instance (a circuit court or the Supreme Court).

Measures against which an action or protest may be filed with an administrative court are activities, omissions or delays in public law relationships by agencies, officials or other persons who perform administrative functions in public law.