Halduskaebus

Halduskaebus is an administrative complaint used in Estonia to challenge decisions, actions, or inaction of public authorities and local governments. Its purpose is to obtain review or revision of an administrative act and, if appropriate, to achieve a remedy such as amendment, revocation, or replacement of the contested decision.

Who can use it and what can be challenged? The remedy is available to persons or legal entities who have a legal interest affected by a decision, action, or inaction of a public authority or local government body. Halduskaebus can address a range of issues arising from administrative proceedings, but it does not replace criminal or civil remedies where those apply. The scope and admissibility are defined by law and may depend on the specific act under review.

Filing and procedure: A halduskaebus is typically submitted to the authority that issued the decision or to a competent supervisory authority, in accordance with the Administrative Procedure Act. The complaint should identify the decision or act being challenged, state the grounds, include relevant evidence, and indicate the requested remedy. The authority must review the complaint within a prescribed timeframe and issue a decision on whether the complaint is upheld or rejected. In many cases, if the halduskaebus is unsuccessful, the complainant may have the option to pursue a further remedy in the administrative court, subject to legal requirements and deadlines.

Time limits and outcomes: The Administrative Procedure Act sets the time limits and conditions for halduskaebus; these typically require timely submission after notification of the decision. If successful, the remedy may involve revoking or revising the decision, or initiating corrective actions by the authority. If unsatisfied, the matter may proceed to formal administrative or judicial proceedings as provided by law.