Overview. Administrative litigation
Administrative litigation in Moldova are regulated by the Administrative Code of the Republic of Moldova. The main goal is to restore the rights of citizens and legal entities violated due to abuse of power, illegal actions or inaction of public authorities, as well as the cancellation of unlawful administrative decisions.
Pre-trial mandatory stage: Before filing a lawsuit, you must file a preliminary complaint with the public authority that issued the act or whose actions (or inactions) you wish to appeal. You have 30 days to respond, unless otherwise specified in a specialized law.
Key aspects of administrative proceedings:
- Access to Justice: Any person whose rights have been infringed by a decision (or inaction) of a public authority has the right to appeal to an administrative court to have the decision annulled, their rights recognized, and to recover damages.
- Application Deadlines: A claim to an administrative court is usually filed within 30 days of receiving a response from a higher authority (or from the expiration of the response deadline).
- Jurisdiction: Cases are heard by specialized judges in first-instance courts (e.g., the Chisinau Judecatoria). In exceptional cases provided by law, the Supreme Court of Justice acts as the court of first instance.
- Filing a Claim: The claim is prepared in accordance with Articles 189 and 211 of the Administrative Code of the Republic of Moldova and is submitted to the appropriate court (for example, in Chisinau, this is the Central Sector Court).
- Jurisdiction of the Courts: Claims regarding the illegality of administrative acts are heard by specialized judges or panels in courts of first instance, the Courts of Appeal, and the Supreme Court of Justice (depending on the level of the decision-making body).
- Right to File a Claim: You may demand the annulment of the administrative act, the issuance of the act that was unlawfully refused to be issued to you, and compensation for damages.
- Procedural Rules: The proceedings are based on the principles of adversarial proceedings and are subject to all the strict guarantees of the right to a fair trial. Additionally, the relevant provisions of the Civil Procedure Code of the Republic of Moldova apply.
- Court Decisions: Based on the results of the proceedings, the court issues a decision, which may consist of annulling the unlawful act, obligating the court to issue the requested act, or paying compensation.
- Appealing Court Decisions: Final decisions can be appealed to the Courts of Appeal (Curtea de Apel) and the Supreme Court of Justice (Curtea Supremă de Justiție).
The relevant provisions of the Civil Procedure Code also apply during legal proceedings. The Constitutional Court of the Republic of Moldova oversees the observance of constitutional rights during proceedings.
If you plan to file an administrative claim, please describe the situation you are facing in more detail:
- Is this an illegal act/decision of the mayor's office, ministry, or other agency?
- Is this an inaction by an authority (failure to respond to a petition on time)?
- Which specific government agency are you challenging?
- An individual act or inaction (for example, failure to review an application)?
