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.
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
According to the General Administrative code discriminatory treatment by an administrative body may occur both by issuing an administrative act and by not issuing it, by a real act or by any other action related to administrative proceedings.
The administrative complaint must be submitted within one month from the date of publication of the administrative-legal act or its official notification.
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
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.