Administrative Appeals: Legal Challenge of Government Decisions
When interacting with state and local government bodies, citizens and businesses often encounter decisions that infringe upon their rights. This could be an illegal fine, termination of social assistance, refusal to provide public information, or any other individual administrative-legal act. Georgian legislation provides for a two-tier system for appealing administrative acts: first within the administrative body (administrative complaint), and then in court. An administrative complaint is a fast and cost-effective way to restore rights, although its effectiveness depends directly on the quality of legal argumentation.
Many citizens mistakenly believe that complaining to an administrative body is pointless. In reality, a properly drafted administrative complaint often becomes the basis for resolving the problem without going to court. Furthermore, administrative appeal is in most cases a mandatory prerequisite for filing a lawsuit in court. Skipping this stage can lead to the dismissal of the case in court.
What Does the Administrative Appeals Service Cover?
Legal.ge specialists offer comprehensive services at all stages of administrative proceedings. This service covers any type of administrative dispute, except for specific tax disputes (which fall into a separate category). The service includes:
- Analysis of the administrative act: Checking the legality of the order, decree, or resolution.
- Deadline control: Ensuring compliance with appeal deadlines (usually 1 month).
- Preparation of the complaint: Drafting a legally substantiated complaint indicating violated rights and the demand (annulment of the act, modification, or issuance of a new act).
- Submission of evidence: Collecting documents and facts relevant to the case and submitting them to the administrative body.
- Participation in oral hearings: Representing the client at the hearing held during the review of the administrative complaint.
- Response to inaction: Filing a complaint in case of refusal by the administrative body to perform an action or failure to respond (inaction).
Common Situations: When Should You Consult a Lawyer?
Administrative appeals cover almost all areas of life. Common examples include:
- Illegal fines: Appealing fines issued by the patrol police, city hall supervision, or other controlling bodies.
- Dismissal from public service: Appealing illegal dismissal or disciplinary liability of public servants.
- Social assistance: Appealing a decision of the Social Service Agency regarding the termination of social assistance or cancellation of status.
- Land registration: Appealing a refusal received from the Public Registry regarding the registration of a land plot or real estate.
- Public information: Refusal of an administrative body to provide public information.
Georgian Legal Framework
The rules for reviewing administrative complaints are detailed in the General Administrative Code of Georgia (Chapter XIII). The Code establishes that an interested party has the right to appeal an administrative act if they believe it was issued in violation of the law and directly and immediately harms their legal right. The complaint is submitted to the administrative body that issued the act, if it has a superior official, or directly to the superior administrative body.
The deadline for reviewing a complaint is 1 month, which in complex cases can be extended by no more than 1 month. The administrative body is obliged to conduct an oral hearing where the party is given the opportunity to express their opinion. This process resembles a mini-court and requires good preparation. In case of refusal to satisfy the administrative complaint, the person has the right to apply to the court in accordance with the Administrative Procedure Code of Georgia.
Process Stages and What to Expect
The process begins with identifying the problem and checking deadlines. If the deadline is missed, the complaint will not be considered (unless there is a valid excuse). After filing the complaint, an oral hearing is scheduled. The lawyer attends the hearing and defends your position. The administrative body makes one of the following decisions: satisfy the complaint, partially satisfy it, or refuse. In case of satisfaction, the act is annulled or changed. In case of refusal, the lawyer will prepare a lawsuit for the court. Remember that resolving the problem at the administrative appeal stage saves time and court costs.
Why Legal.ge?
Legal.ge is the most trusted platform in Georgia for obtaining qualified legal assistance. Lawyers registered with us are experts in administrative law with successful experience in disputes with state bodies. They ensure professional protection of your rights and help restore justice. Do not leave your rights unprotected — find a specialist on Legal.ge.
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