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Code of Administrative Court Procedure

(excerpts)

Passed on 25 February 1999, entered into force on 1 January 2000.

§ 15. Rights and duties of participants in proceedings

(4) The failure of a participant a proceeding to appear in a court session shall not prevent the hearing of an action or protest if the participant in the proceeding has been notified of the time and place of the hearing of the matter. An administrative judge may require a participant in a proceeding to appear in court.

§ 19. Court hearing of matter

(2) In administrative courts of first instance, actions and protests shall be heard by judges sitting alone.

§ 25. Decision

(3) Upon making a judgment or ruling, the provisions of civil procedure apply in issues not regulated by this Code. A judgment or ruling shall be prepared in writing and shall be signed by the judge(s) who heard the matter.

Chapter 4

Grant of Permission to Take Administrative Measures

§ 29. Adjudication of grant of permission to perform administrative acts

(1) In the cases provided by law, an administrative judge shall grant and extend a permission to take an administrative measure or declare an administrative measure justified (hereinafter grant permission to take an administrative measure).

(2) An agency, official or other person authorised therefor (hereinafter applicant) shall submit an application or petition for grant of permission in writing together with the reasons, and evidence and statements which are prescribed by law and are necessary for the adjudication of the matter. An administrative judge may demand the submission of additional evidence or statements.

(3) In adjudication of grant of permission to take a measure with regard to a person, the person shall give statements in the cases provided by law.

(4) An administrative judge sitting alone shall, without holding a court session, immediately hear an application and adjudicate the grant of permission to take an administrative measure, unless otherwise prescribed by law. As an exception, the grant of permission may be adjudicated without holding a court session and outside the working hours of the court.

(5) If the grant of permission to take an administrative measure is adjudicated in a court session, the applicant and the person with regard to whom the administrative measure is to be taken and their representatives may participate at the session.

(6) A judgment on the grant of permission to take an administrative measure shall set out the time and place the judgment is made, the name of the court which made the judgment, the names of the administrative judge and the clerk of the court session, the name and the time and place of birth of the applicant and the person with regard to whom the measure is taken for which permission was granted, the conclusion of the court, the facts on which the judgment is based, applicable rules of law, and other data provided by law. A copy of a judgment shall be sent to the applicant.

§ 42. Order in session of circuit court

(1) An appeal shall be heard collegially in a session of the Administrative Chamber of a circuit court where at least three judges participate.