Rulings of Supreme Administrative Court


 
 

The respondent in the cassation appeal may submit a reply to the cassation appeal to the province administrative court, responding to the allegations in the cassation appeal or presenting its own position, within 14 days of receipt of the cassation appeal.

The Supreme Administrative Court will consider the case within the limits of the cassation appeal. This means that the party filing the cassation appeal must assert the specific legal provisions violated by the judgment, and the case will be examined only in those terms. However, the Supreme Administrative Court will consider the invalidity of the proceedings (which occurs in cases of serious procedural errors) at its own initiative.

The Supreme Administrative Court may decide the cassation appeal in several ways. The court may deny the cassation appeal if it lacks justifiable grounds (i.e. the allegations are not upheld) or if the decision appealed against was lawful—even if the justification was erroneous.

As a rule, like the province administrative court, the Supreme Administrative Court has the power to quash rather than reform. This means that if the cassation appeal is granted, the decision appealed against is vacated in whole or part and the case remanded for reconsideration to the province administrative court that issued the decision.

However, in two instances, the Supreme Administrative Court will decide on the merits:

  • If only provisions of material law were violated and not rules of procedure that could have a significant impact on the outcome of the case, the Supreme Administrative Court may vacate the decision and examine the appeal.
  • When the Supreme Administrative Court considers a cassation appeal, it can also vacate a part of the decision that was not challenged, if the proceedings are found to be invalid.

The Supreme Administrative Court also hears interlocutory appeals against orders of province administrative courts, which usually concern procedural issues. An interlocutory appeal must be filed within seven days of service of the order of the province administrative court. The Supreme Administrative Court considers interlocutory appeals in closed session (without a hearing of the parties) and then delivers its judgment.