News / Immediate judicial injunctions in administrative proceedings

Immediate judicial injunctions in administrative proceedings

By virtue of the provisions of the new Civil Procedure Act applicants may ask for interim measures from the court in civil court procedures not only after submission of the statements of claim but even in advance.

When constituted the new Administrative Procedure Act the legislator created a legal instrument called immediate judicial injunction that is similar to the interim measures.

However, the Administrative Procedure Act fails to specify the possibility of applying for an immediate judicial injunction before the submission of the statements of claim, so in this respect there seem to be a significant difference between the two legal instruments. Although the implementation of a similar legal tool in the administrative court procedure suggest that the legislators’ intentions were to provide a protective instrument for a claimants in administrative procedures similar to the instrument available in civil procedures, but due to the differences of the actual wording it remains questionable whether the claimant may have right to submit a request for immediate judicial injunction before it submits its statements of claims.

The latest court practice of administrative courts implies that in legal disputes before administrative courts parties have no right to apply for an immediate judicial injunction before they would have submitted their statements of claim.

However it means that parties who have suffered damages in administrative procedures have no right to apply for an extremely important legal instrument of law and request an interim action from the administrative courts during the period between the injurious administrative decision becomes final and the submission of their statements of claims that initiates the administrative court procedure.

 

Nevertheless, the judicial practice is not mature in this regard and hopefully the courts will keep in mind the real aim of the legal instrument of immediate judicial injunction and consequently parties will have the possibility to apply for immediate protection from the court from the time they become aware of the injurious administrative decision and there will be no need to wait until submission of the statements of claim which may cause a 30 days delay.