8 March, 2019
The Division of Case-law and Research of the Supreme Court has summarized the findings of the Department of Administrative Cases of the Senate on the issue of claims subject to examination before administrative courts.
“Not in all cases when a person is not satisfied with a decision or action of a state (local government) institution, he/she can apply to administrative court. It is the jurisdiction of administrative courts to control the actions of institutions only in the context of administrative acts, actual conduct or public law contracts. Not all decisions taken by the institutions are administrative acts, and not every action is actual action. Thus, the summary of case-law is a good help for everyone to recognize in which cases there is a reason to apply to administrative court,” says Veronika Krumina, Chair of the Department of Administrative Cases of the Senate.
The aim of the summary is not to create new trends in case-law or to provide an assessment of existing case-law, the aim is to ensure creation of uniform case-law. It should be reminded that the findings of the Senate highlighted in the summary are to be viewed in conjunction with the actual circumstances of a particular case.
The summary basically includes decisions adopted between January 2017 and December 2018. In the preparation of the summary, approximately 220 rulings were reviewed, and findings from 115 rulings are included in the summary.
The findings are systematised according to two criteria – first by the issues of administrative law theory, then by the field of law (essence of the questions). Thus, the findings of some rulings are repeated in both sections for the convenience of the user.
The compilation is prepared by Kaspars Kukmilks, legal research counsel to the Division of Case-law and Research, in cooperation with the head of the department Anita Zikmane, legal research counsel Aleksandrs Potaicuks and Veronika Krumina, the chair of the Department of Administrative Cases of the Senate.
Summary “Claims subject to jurisdiction of administrative courts: case-law 2017–2018” is available on the website of the Supreme Court in section Judicature/ Compilations of Court Decisions/Administrative law.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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