Article 25
Special administrative appeal - Remedial appeal
1.
2.
3.
When so stipulated by special provisions, for the restitution of material or moral
prejudice of lawful interests caused by an administrative deed, the interested party
may appeal to the administrative body stipulated by such provisions within the time
limit stated therein and request the cancellation or amendment of the deed, as the
case may be.
The administrative body, in accordance with the stipulations of the relevant
provisions, either examines only the legality of the deed, in which case it may
cancel the deed partially or in total or dismiss the appeal (special administrative
appeal) or examines both the legality of the deed and the merits of the case, in
which case it may cancel the deed partially or in total or amend the deed or dismiss
the appeal (remedial appeal). The competent body should notify its decision to the
appellant within the time limit, if any, set by the special provisions or, in case of
special appeal, within thirty (30) days and, in case of remedial appeal, within three
(3) months.
If another administrative body is competent to decide on the special administrative
or remedial appeal, the body to which the appeal was filed should forward it to the
competent body within five (5) days. In this case as well, the competent
administrative body should notify its decision to the interested party within the
rime limits stated in paragraph 2.
Article 26
Common provisions
When an administrative appeal is filed, the competent authority for the examination
of the appeal may, at the request of the interested party or ex officio, suspend the execution
of the administrative deed until it decides on the appeal and, in any case, up to the rime
limit set for the issuance of its decision.
Article 27
Complaint
If the filing of an administrative appeal under articles 24-26 is not possible, for the
restitution of material or moral prejudice of legal interests caused by an action or omission
of an administrative authority, the interested party apply to such authority and request the
restitution or reversal of such prejudice. The provisions of paragraphs 1-3 of article 4 are
also applicable here for any other matters.
SIXTH CHAPTER
FINAL AND TRANSITIONAL PROVISIONS
Article 28
Duration of rime limits
The duration of time limits that had begun before the entry into force of the Code is
calculated in accordance with its provisions only if their duration provided for therein is
bigger than that stipulated in the previously applicable provisions.
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