Administrative Law and Disputes with the State
The state is almost always larger and stronger than an individual, and a dispute with an administrative authority can easily make a person feel powerless. It is important to know, however, that the state, local authorities and public authorities are also bound by law, and their decisions can be challenged. Whether the matter concerns a building permit, a weapons permit, a residence permit, a grant, a precept or another decision that affects your life, you do not necessarily have to accept it.
Administrative disputes can arise in many everyday situations. A dispute may arise, for example, when a building permit, use and occupancy permit or weapons permit is not issued or extended, when a residence permit or citizenship is refused, when an application for a grant is refused or a grant already paid is claimed back, when an administrative authority issues a precept or imposes a penalty payment, or when a local authority makes a decision concerning your home, land or a person close to you. In these situations, something important is often at stake, such as a home, work, income or the ability to carry on an activity.
Each such decision has its own rules and deadlines. The decision will usually state how and within what time it can be challenged, but the deadlines are short and should be checked immediately. There are usually two routes for challenging a decision. You can file an administrative challenge with the authority itself or bring the case before an administrative court. An administrative challenge is usually faster, simpler and free of charge, while court proceedings allow for a more thorough review. Success often depends on challenging the decision in time and with the right arguments.
If an administrative authority has acted unlawfully and caused you damage, it may be possible to claim compensation from the state or a public authority. It is important to know that dealing with the state does not have to work against you, and expert intervention can often give the matter a new direction.
Law Firm Namm helps you understand whether an authority’s decision is lawful and protects your rights in clear and accessible language. We prepare administrative challenges, actions, requests and other applications, represent you in administrative procedure, administrative challenge procedure and administrative court proceedings, and help you claim compensation for damage where necessary. We work in Estonian, Russian and English.
How we help in administrative law and disputes with public authorities
- Advising in administrative procedure and preparing applications
- Challenging administrative acts and actions of administrative authorities
- Preparing administrative challenges and representation in the administrative challenge procedure
- Representation in administrative court proceedings at all court levels
- Disputes concerning building permits and use and occupancy permits
- Disputes concerning design specifications and spatial plans
- Disputes concerning the issue, extension and revocation of weapons permits
- Disputes concerning residence permits and work permits
- Challenging decisions in citizenship and migration matters
- Matters concerning activity licences and other licences
- Disputes concerning the award and recovery of grants
- Challenging decisions concerning social benefits and social services
- Challenging precepts and penalty payments
- Representation in state supervision proceedings
- Challenging actions of the police and other authorities
- Matters concerning public information and requests for information
- Civil service and related service disputes
- Claims for compensation against the state and local authorities, state liability
- Expropriation and land disputes
Frequently Asked Questions
An administrative authority has made a decision that I disagree with. What can I do?
You generally have the right to challenge the decision by filing an administrative challenge with the authority that made the decision or with a higher authority, or by filing an action with an administrative court. First, read the decision carefully, because it usually states the procedure and deadline for challenging it. The right next step depends on the type of decision, the deadline and whether the matter can be resolved through the administrative challenge procedure or should be brought directly before a court.
How long do I have to challenge an administrative decision?
The deadlines are short. An administrative challenge can generally be filed within 30 days of becoming aware of the decision, and the deadline for filing an action with an administrative court is also usually 30 days. In some areas, the deadline may be different. If the deadline is missed, the right to challenge the decision may be lost, so action should be taken as soon as the decision is received.
What is the difference between an administrative challenge and going to administrative court?
An administrative challenge is a request filed with an administrative authority for the decision to be reviewed. It is often faster, simpler and free of charge. Going to an administrative court means court proceedings before an independent court. An administrative challenge is not always mandatory, and in some cases you can choose whether to start with the authority or with the court. The choice depends on how complex the dispute is, how urgent the situation is and what result you want to achieve.
Does filing an administrative challenge or action stop enforcement of the decision?
Generally, it does not. Filing an administrative challenge or an action does not automatically suspend the validity or enforcement of the decision. If enforcement of the decision could cause significant damage before the dispute is resolved, a separate request must be made for suspension of enforcement or preliminary legal protection.
When should I seek preliminary legal protection?
Preliminary legal protection should be considered when enforcement of the decision could cause damage that a later successful outcome in the dispute would no longer fully remedy. For example, it may be needed in the case of enforcement of a precept, revocation of a permit, suspension of activity, a claim for repayment of a grant or another decision with urgent impact. The court assesses whether temporary protection is necessary and justified until the dispute is finally resolved.
What can I do if the administrative authority does not reply or the decision is delayed?
If an administrative authority does not reply, the procedure is delayed or no decision is made, this does not mean that you have to accept the situation. In certain cases, it is also possible to challenge the authority’s failure to act or to require the procedure to continue and a decision to be made. Before challenging the inaction, it is necessary to assess the deadline by which the authority had to make the decision and whether the delay is justified.
I was refused a building permit or a use and occupancy permit. Can this be challenged?
Yes. A refusal to issue a building permit or a use and occupancy permit must be reasoned and based on correct facts. The dispute may focus on whether the building meets the requirements, whether the spatial plan has been interpreted correctly or whether the administrative authority has failed to consider relevant circumstances. The refusal can be challenged, and in some cases it may be possible to obtain the permit or have the matter reviewed again.
I was refused a weapons permit, it was not extended or it was revoked. What should I do?
A refusal to issue a weapons permit, a refusal to extend it or its revocation is an administrative decision whose lawfulness can be checked and challenged. In these matters, it is often important which facts the decision relies on, whether the risk assessment is justified and whether the person’s explanations have been sufficiently taken into account.
Residence permit, work permit or citizenship was refused. Can the decision be challenged?
Yes, decisions concerning residence permits, work permits and citizenship can generally be challenged. These decisions can affect a person’s place of residence, work and family life, so it is important to act quickly. Usually, it is necessary to assess the reasons for refusal, the documents submitted, the considerations taken into account by the administrative authority and whether the decision is sufficiently reasoned.
I received a precept or a warning that a penalty payment may be imposed. Do I have to comply immediately?
A precept, in other words a compliance order issued by an authority, is generally mandatory, but it can be challenged if you consider it unfounded, disproportionate or impossible to comply with. It is important to monitor both the deadlines for compliance and the deadlines for challenge. If compliance could cause significant damage, it may be necessary to request suspension of enforcement or preliminary legal protection.
I received a claim for repayment of a grant or a refusal to award a grant. What should I do?
Decisions concerning grants, including a refusal to award a grant and a claim for repayment of a grant already paid, can be challenged. Such disputes often depend on the conditions of the grant, the documents submitted, deadlines and whether the breach actually occurred and how significant it was. Repayment claims can be large, so it is worth checking the reasons for the decision before paying or accepting the claim.
Can I claim compensation from the state or a local authority?
Yes, in certain cases. If the state, a local authority or another public authority has caused you damage through an unlawful decision, action or failure to act, it may be possible to claim compensation on the basis of state liability. In a claim, it is necessary to show what the unlawful action consisted of, what damage was caused and how it was connected with the authority’s conduct.