Administrative Law and Administrative Procedure
Scope of the domain
The administrative section tests the General Administrative Code of 1999 and the Administrative Procedure Code of 1999. It focuses on the individual administrative act, administrative discretion, the duty to give reasons, access to public information, administrative complaints and judicial review in the administrative courts.
Core rules
- An individual administrative act is a unilateral public-law decision addressed to specific persons and creating, changing or terminating rights or duties. A normative act contains general rules and is reviewed under constitutional, not ordinary administrative, procedure.
- Public authorities must observe legality, proportionality, equality and legitimate expectations. Before an adverse act, the affected person is generally entitled to be heard, unless a statutory exception applies.
- A reasoned decision must state the facts, the legal basis and the reasoning linking them. A bare reference to 'urban planning considerations' is not sufficient.
- An administrative complaint is usually filed with a higher authority within one month. A court claim against an individual administrative act is generally filed within one month of notification or of the decision on the complaint. Check whether prior exhaustion is required.
- The administrative court may annul the act, order compensation, or require reconsideration. It does not substitute its own discretion for the agency's lawful discretion.
Worked example
Lika applies to Tbilisi City Hall for a permit to place a summer terrace outside her café. She receives a two-line refusal citing 'urban planning considerations' without identifying a rule or the facts. She files a court claim two months later. Reasoning: the refusal is an individual administrative act. It lacks the required statement of facts, legal basis and reasons. However, the one-month claim period has expired. The court may restore the deadline only on a statutory ground; otherwise it rejects the claim as late. Lika should have requested the file, filed an administrative complaint, and calculated the court deadline from notification.
Traps
The most common error is suing for damages instead of challenging the act. Another is missing the one-month deadline while waiting for an informal response. Do not confuse an administrative act with a private-law contract, and do not ask the court to make a policy choice that belongs to the agency. Always identify the exact act, its date of notification and the legal basis for review.