The Right to Appeal in Court
A person facing a decision connected with state secrets has an effective legal remedy: the right to apply to the court demanding the annulment or amendment of a decision of a public institution, a state or public official, and also to claim compensation of property and non-property damage. This right is particularly important upon refusal to release public information, upon full or partial closure of a session of a collegial public institution, upon classification of public information, as well as upon the creation and processing of incorrect public information or breach of other requirements of the chapter. The decisive procedural precondition is the allocation of the burden of proof: it lies on the responding public institution, state or public official — it is the authority that must prove the lawfulness of the refusal or classification, not the citizen its groundlessness.
Judicial Examination of Classified Information
To verify the lawfulness of secrecy, the law gives the court a special instrument: the court has the right to request and examine classified public information for the purpose of studying the lawfulness of its full or partial classification. Upon a party's motion, the court may conduct this examination in a closed session — thus balancing the interest of protecting secrecy with a full examination of the case. In an appeal the court is therefore not limited to the conclusions submitted by the authority and itself assesses whether the classification was permissible under the law.
The Administrative Complaint Procedure
Before or in parallel with the court, the institution of the administrative complaint exists. Unless otherwise established by law or a subordinate act, an administrative complaint is examined and decided by the administrative organ that issued the administrative-legal act, where a superior of the issuing official or subdivision exists there; a complaint concerning an act issued by the head of an organ is examined by the superior administrative organ. If administrative appeal yields no result, the person may apply to the court for the protection of his rights and freedoms under the procedure established by the Administrative Procedure Code. Administrative proceedings under these rules begin only upon submission of an administrative complaint, and the complaint must be in writing and meet the requirements of the Code.
Examination Deadlines
The examination of an administrative complaint has strict deadlines. The authorized administrative organ is obliged to examine the complaint and adopt a decision within one month, unless otherwise established by law or subordinate act. Where establishing circumstances material to the case requires more than the established period, the organ may issue a reasoned decision extending it — such a decision must be adopted no later than 7 days from the start of the proceedings, and the complainant must be notified immediately. The extension is possible for no more than one month, save for cases provided by law. Breach of the deadlines is itself a ground for appeal and often also supports a claim for damages.
The two routes — judicial and administrative — do not exclude each other, and the choice between them depends on the nature of the subject: the judicial route, together with the review of classified information, also supports a claim for compensation of damage, while the administrative route retains the possibility of rapid response as an instrument of the organ's internal control. Strategically, the terms of both routes are written into a single calendar — the beginning of one must not stop the term of the other.
Discipline of terms is decisive in these cases: the appeal terms are counted from the accessibility of the decision, and restoration occurs only upon substantiated circumstances. A timely reaction is precisely what secures the person's position — the documentary trail must be built from the very moment of the application.
Frequently Asked Questions on Appeals
Below are brief answers to the questions most frequently raised about appealing decisions connected with secrecy.
What can be appealed in court?
A decision of a public institution or official — refusal of information, closure of a session, classification, creation of incorrect information — with a demand to annul or amend it, together with compensation of damage.
Who must prove the lawfulness of a refusal?
The burden of proof lies entirely on the responding authority — it must justify its decision.
May the court see classified material?
Yes — the court requests and examines it to study the lawfulness of classification, and on a party's motion conducts the examination in a closed session.
How quickly is an administrative complaint examined?
Within one month; extension by a reasoned decision for no more than one month, with notice within 7 days.
Is an administrative complaint mandatory before court?
A person may apply to the court under the Administrative Procedure Code; a complaint is the condition for starting administrative proceedings.
How We Help on Legal.ge
The lawyers of Legal.ge will help you appeal a refusal or classification decision, prepare the administrative complaint and the statement of claim, monitor deadlines and substantiate a claim for damages. Contact us — appeal deadlines are short and a timely response is decisive.