Issue No. 31: Judicial control

The Law on Proceedings Before Administrative Courts contains provisions concerning results of non-execution of administrative court judgments and regulates complaint against the failure to enforce a final court judgment finding inactivity or excessive length of proceedings (Art. 154). The initiation of court proceedings for the application of the measures specified in the above regulation is aimed at punishing the body and disciplining it, and in a given situation issuing a decision (on the existence or non-existence of the right or obligation) in lieu of the administrative organ. The purpose of a complaint against the failure to enforce a final court judgment finding inactivity or excessive length of proceedings procedure is to force the authority to act in a situation where it ignores the court's decision and does not take the steps it has been required by the court to do.

Non-execution of a judgment should be understood as remaining inactive in undertaking or continuing administrative proceedings aimed at terminating a case by an administrative decision or in another form provided for by law.

The condition of admissibility of lodging a complaint is the prior written request directed to the competent authority to execute the judgment or settle the matter. This means that if the party has not called on the authority to enforce the court's decision, the complaint shall be rejected. The law does not limit the lodging of a complaint by any deadline. This may occur at any time, but not later than until the date of execution of the judgment or the issuing of an act or taking action.

A complaint containing a request to impose a fine is lodged through an authority that has not complied with a court judgment granting a complaint of inaction or protracted proceedings. The fine in question is, in fact, a penalty for public administrations ignoring court judgments

A person who has suffered damage as a result of non-execution of a court decision shall be entitled to a claim for damages under the principles set out in Art. 417 § 1 and 2 of the Civil Code. A fine shall be enforced by way of judicial enforcement without giving it an enforcement clause.

Art. 154 § 7 of the Law on Proceedings Before Administrative Courts gives the administrative court the power to award the applicant an amount of money up to half of the amount specified in Art. 154 § 6. The decision to grant this amount depends on the discretion of the court and can be taken if the complaint is upheld.

Art. 154.

§ 1. Should a judgment granting a complaint aga­inst the failure to act or excessive length of proceedings not be fulfilled, the party shall have the right, after calling on the com­petent authority in writing to fulfil the judgment or handle the case, to lodge a complaint on the matter, requesting that a fine be imposed on the authority.

§ 2. In case referred to in § 1 above, the Court may additio­nally adjudicate on whether there exist or not a right or obli­gation, if this is allowed by the nature of the case and non-litigious circumstances of its factual and legal status. At the same time, the court shall find whether the failure to act or excessive length of proceedings by the authority have taken place in fla­grant breach of law.

§ 3. Compliance with the judgment or settlement of the case after bringing of the complaint, referred to in § 1, shall not pro­vide a basis for discontinuance of the proceedings or rejection of the complaint.

§ 4. A person, who has suffered injury because of a lack of compliance with the court decision, shall be entitled to com­pensation in accordance with principles specified in the Civil Code.

§ 5. A compensation referred to in § 4, shall be paid by the authority which has failed to comply with the court decision. If the authority has not paid the compensation within 3 months from the filing of a claim for compensation, the entitled entity may bring action to a common court.

§ 6. A fine referred to in paragraph 1 shall be imposed up to a maximum of ten-fold average wage in the sector of natio­nal economy calculated for the last year, as pronounced by the President of the Central Statistical Office pursuant to separate provisions.

§ 7. When granting a complaint, the court may order that the authority pay the complainant a sum of up to half the amo­unt referred to in art. 154 § 6.

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