Introduction

The appeal of administrative acts issued by municipal authorities and the Directorate for National Construction Supervision (DNCS) is a vital component of the administrative oversight system. This procedure allows affected individuals to protect their rights and interests against potentially unlawful or improper actions by administrative bodies.

Legal Framework

The main legislative acts regulating the appeal of municipal and DNCS acts include:

• Administrative Procedure Code (APC): Establishes the fundamental rules for issuing, appealing, and executing administrative acts.
• Territorial Planning Act (TPA): Governs acts related to construction and territorial planning, such as building permits and orders for the demolition of illegal structures.

Types of Acts Subject to Appeal

Appeals may involve various categories of acts, including:

• Individual Administrative Acts: Such as building permits, occupancy certificates, and orders for the demolition of structures.
• Normative Administrative Acts: Issued by municipal councils, affecting an indefinite number of individuals and with general applicability.
• Coercive Administrative Measures (CAM): Such as halting construction activities or closing facilities.

Appeal Procedure

Administrative Appeal

In some cases, acts of municipal authorities and DNCS can be contested before a higher administrative body. For example, orders issued by a mayor may be appealed to the regional governor, while DNCS decisions may be challenged before its central office.

Judicial Appeal

The judicial process applies to appeals of individual or normative administrative acts. Complaints must be submitted to the relevant administrative court within 14 days of notification of the act. The process includes:

1. Preparation of the Complaint: Presenting the grounds for appeal and supporting evidence.
2. Case Review: The administrative court examines the legality of the act by analyzing the evidence and hearing the parties involved.
3. Court Decision: The court may confirm, amend, or annul the act.

Grounds for Appeal

Appeals may be based on:

• Violation of Substantive Law: For example, when the act contradicts current legislation.
• Procedural Violations: Such as lack of competence of the issuing authority or failure to comply with prescribed procedures.
• Abuse of Power: When the administrative body uses its powers for purposes other than those intended by law.

Judicial Oversight

Judicial control of administrative acts is a key mechanism for ensuring their legality. The court assesses:

• Formal Legality: Whether the procedures for issuing the act were followed.
• Substantive Legality: Whether the content of the act complies with substantive legal norms.
• Proportionality: Whether the measures imposed are proportionate to the objectives pursued.

Importance of Appeals

The appeal process plays a critical role in:

• Protecting the Rights of Citizens and Legal Entities: It provides a mechanism to safeguard against unlawful actions by administrative bodies.
• Improving Administrative Activities: Judicial oversight prevents errors and abuses, contributing to more effective governance.

Recommendations for a Successful Appeal

• Legal Consultation: Seeking advice from a lawyer specializing in administrative law significantly increases the likelihood of success.
• Evidence Preparation: Collecting documents, witness statements, and other evidence is crucial for drafting a strong complaint.
• Adhering to Deadlines: All actions related to the appeal must be undertaken within the timeframes established by law.

Conclusion

Appealing municipal and DNCS acts is an essential tool for protecting the legitimate interests of citizens and legal entities. This process requires a good understanding of the legal framework, careful preparation, and often, professional legal assistance. Judicial oversight of administrative activities not only ensures legality but also strengthens public trust in institutions.

If you receive a demolition order for an illegal structure or a refusal for a building permit, consider consulting a skilled lawyer to assist in resolving the issue.