Can a complaint against a decision to the administrative court prevent execution?


 
 

An administrative decision which is no longer subject to a complaint or petition for re-examination of the case in the administrative course of the proceedings (i.e. by another public authority) is final, which means among other things that it becomes enforceable on the date of issuance. This may lead to serious consequences for the parties to the proceedings (for example, when the decision is an order to demolish a building).

The mere challenge of a final administrative decision does not automatically stay its enforceability.

However, the person who submits a complaint to the court against the decision may apply to the authority that issued it for stay of the decision until the court resolves the case. (The authority may also stay enforcement at its own initiative.) The court may also stay enforcement, but then several additional requirements must be met, e.g. it must be found that enforcement could cause significant damage or irreversible harm.