Functioning of administrative appeal

Administration is able to provide effective legal remedies without the need for judicial intervention in the majority of cases

The first criteria is applied on the four sample administrative procedures: 1) An application for a work permit for a foreigner; 2) Decision on a construction permit for an individual house (licence); 3) Decision on granting a disability payment (disability pension); 4) Decision on issuing a taxi permit (in capital city, if organised at municipal level). The number of complaints submitted to court in the given procedure is divided by the total number of administrative appeal decisions in the same procedure (i.e., the full population of the administrative acts, which could have been contested in court in the last full calendar year). In case administrative acts are only challenged in courts (i.e., no administrative appeal), the percentage is calculated based on the share of administrative acts contested in court. The number of complaints submitted to court is divided by the total number of administrative acts. If the share is high (i.e. above 40%), then this may indicate the need for administrative appeal.

Repeals of, or changes to, decisions of administrative bodies (%)

The share of repealed or changed administrative acts is calculated by dividing the number of administrative acts repealed or changed by the 1st instance Administrative Court with the total number of decisions of the 1st instance Administrative Court (during the last full calendar year). The administrative acts repealed or changed by the court are usually the cases, where the complaint was upheld or partially upheld. Misdemeanour decisions are excluded from the calculation. Points are allocated based on the percentage of Court repeals or changes to decisions of administrative bodies (x): • x > 50% = 0 points • 20% ≤ x ≤ 50% = linear function • x < 20% = 6 points.