If you have been discriminated against by a public authority, your complaint can be resolved in the administrative court, unless this discrimination occurred on the basis of a private law contract, such as an employment contract or a contract for the provision of goods or services. Normally before bringing a case to the administrative court, you should have first complained to a higher institution.
Complaint to a higher institution
You must initially submit your complaint to a higher authority within one month after the discriminatory decision was received or the discriminatory action was taken.
example The complaint should be submitted to the Ministry of Welfare if there has been discrimination by the State Social Insurance Agency. The higher authority will assess whether the relevant body has acted lawfully and, where there has been discrimination, it may order that certain action be undertaken and compensation paid.
If you are not satisfied with the decision of the higher authority, you may appeal it in the administrative court within one month.
Contents of the complaint
In your complaint, you should:
- provide information that indicates that you believe discrimination (including the grounds) may have taken place (who, what, when, how)
- indicate the legal provisions which have been violated
- indicate the remedy or amount of money you wish to receive in compensation
- attach all relevant documents that substantiate your opinion, if there are any
If you do not have access to the documents or decisions that may prove the truthfulness of your claim, both the higher authority and administrative court have an obligation to investigate the matter independently and to establish the truth. This means that they have an obligation to seek all the relevant evidence themselves.
Appeal to the court
The administrative court will assess whether you have been discriminated against and choose the appropriate remedy for your situation. It may oblige the state institution to cease the discrimination, invalidate the decision in question, reinstate you in your previous position, and award you compensation.
The compensation may include compensation for material (pecuniary) and moral (non-pecuniary) damages. Please note that the maximum amount you may receive in compensation is limited in accordance with the Law on Reparation of Damages Caused by State Administrative Institutions.
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