Regular complaints procedure

Before you can appeal a state institution’s decision in administrative offences proceedings to the court, you must first follow the regular complaints procedure. Some administrative offences are examined directly by the court.

Initial decision

Your case was examined by a state institution which is responsible for the type of violation you are charged with. If you were found guilty, the state institution would have issued a decision and imposed a penalty.

The smallest penalty applicable is a warning; the others might be: fine up to €6000 or community service. However, with these penalties might be imposed other administrative sanctions, for example, confiscation or prohibition to attend public events. 

Appeal to a higher official

If you disagree and want to appeal this decision, you may appeal the decision to the first instance court. However, your appeal should be transmitted through the state institution, which imposed you a penalty you disagree with. 

Appeal before court

Where you still disagree with the decision of the higher official or department, you can appeal it before a court in administrative offences proceedings.

example If you are charged with a violation of traffic regulations, your case will initially be examined by the police who may decide to give you a fine. If you do not agree with the fine, you can to appeal it to the first instance court. 

Human Rights Guide

A European platform for human rights education