Access to justice in environmental matters


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National rules on silence of the administration:

According to the Administrative Procedure Act (Article 222), in the event that the competent authority against whose decision an appeal is allowed fails to issue a decision and present it to the party in due time, the party shall have the right of appeal as if their claim had been refused. If the second-instance administrative authority fails to issue a decision, according to the Administrative Dispute Act (Article 28), the administrative dispute can be initiated within 30 days after the administrative authority has failed to issue a decision within 7 days after the future plaintiffs’ special request.

There are no penalties for exceeding time limits of administrative decisions or to provide effective access to justice.

Complying with a judgement – there can be two situations:

  • If the court decision specifies that the defendant should make a payment or perform an action, the execution procedure according to the Claim Enforcement and Security Act applies;
  • If the court finds that there has been a violation of certain rights or annulls certain individual acts or general acts and orders the competent body to issue the a decision within a certain time, there are no penalties for the competent body in the event that it fails to comply with the court decision. A new suit should be filed with the court to challenge this omission/failure.
Last update: 05/08/2021

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