If you have been discriminated against by an individual act issued by a public authority, your complaint can be resolved in court, in accordance with the administrative proceedings.
Normally before bringing an administrative case to the court, you should have first engaged in a non-contentious complaint with the relevant public authority, seeking a settlement to remedy the situation.
In cases of discrimination by a public authority, you can also opt to complain before the Equality Council. Please note that the timeframes specified in the Administrative Code may have expired if you later decide to contest the discriminatory decision in administrative proceedings after the Equality Council's review.
The non-contentious complaint
In administrative proceedings, prior to pursuing legal action you must initially submit a non-contentious complaint to the relevant public authority within one month after the discriminatory decision was notified or the discriminatory decision was taken. If the public authority fails to issue an administrative decision within the prescribed legal timeframe, you may submit the non-contentious claim within one year from the expiration of the initial deadline.
example If you have experienced discrimination by a Territorial Office of Social Insurance, you should submit the complaint to the National Office of Social Insurance, the competent public authority with legal authority to assess whether the relevant body has acted lawfully and, where there has been discrimination. The public authority may order the annulment of the discriminatory decision or/and issue a new decision, as well as compensation to be paid.
If the public authority rejects the non-contentious complaint, either in full or in part, they must send the administrative file to the higher-level public authority. Then, the higher-level authority will make the final decision regarding the claims that were initially rejected.
If you are not satisfied with the decision of the relevant public authority, you may appeal it in administrative proceedings before the court within one month.
There is no need to initiate a non-contentious procedure to appeal a decision made by the Equality Council.
Contents of the complaint
In your complaint, you should:
- provide information that indicates that you believe discrimination (including the grounds) may have taken place (who, what, when, how)
- indicate the legal provisions which have been violated
- indicate the remedy or amount of money you wish to receive in compensation
- attach all relevant documents that substantiate your opinion, if there are any
If you do not have access to the documents or decisions that may prove the truthfulness of your claim, both the higher authority and the court have an obligation to investigate the matter independently and to establish the truth. This means that they have an obligation to seek all the relevant evidence themselves.
Appeal to the court
In administrative proceedings, the court will assess whether you have been discriminated against and choose the appropriate remedy for your situation. It may oblige the state institution to cease the discrimination, invalidate the decision in question, reinstate you in your previous position, and award you compensation.
The compensation may include compensation for material (pecuniary) and moral (non-pecuniary) damages.