Haldusakti

Halduakti, or administrative act, is a unilateral legal act carried out by a public authority in Estonian administrative law. It defines, changes, or terminates a legal status of a person or binds a person to obligations. The act may affect a specific individual or a defined group, or it may have general, normative effect that applies to a broader audience.

Forms and scope

Halduakti can be individual or normative. Individual acts give a concrete-right or obligation to a person, such as a permit, a decision on taxation, a penalty, or a directive to comply with a rule. Normative halduakti establish general rules or standards that bind groups of people or the public at large. In practice, halduakti are issued by public authorities in accordance with law and are based on authorized powers.

Requirements and effects

A halduakti must be grounded in legal authority, issued following proper procedure, and typically expressed in writing with reasons. It comes into force according to applicable rules and is enforceable upon notice, subject to any suspension or special conditions. The act may impose duties, confer rights, or modify existing legal relationships, and must be applicable proportionally and non-arbitrarily.

Review and remedies

Haldusakti can be challenged through administrative remedies or judicial review. Affected persons can usually file an appeal or complaint to a higher administrative authority or seek relief in the administrative or general courts, within prescribed time limits. Remedies aim to correct illegality, clarify rights, or adjust obligations imposed by the act.