What is a compulsory administrative measure?
To prevent and terminate administrative violations, as well as to eliminate their harmful consequences, compulsory administrative measures may be applied. The cases in which these measures may be applied, their type, the authorities that may impose them, and the manner of their application, as well as the procedure for their appeal, are regulated in the relevant law or decree.
The most frequently imposed measures are:
Revocation of a driving license;
Stopping a vehicle from driving;
Sealing a facility, etc.
A compulsory administrative measure must be distinguished from an administrative penalty. The latter is imposed as a sanction for a committed violation, and a PAM is usually imposed from the moment the violation is established until the final resolution of the issue of guilt. This can be done by the entry into force of the court decision, which has canceled the penal decree, a resolution to terminate the administrative proceedings, with the expiration of the term of the order to apply the PAM, etc.
When and how is a compulsory administrative measure appealed?
The compulsory administrative measure may be appealed immediately after the order imposing it has been served. The grounds for appeal are contained in Article 146 of the Code of Administrative Procedure:
Lack of competence;
Failure to comply with the established form;
A material violation of administrative procedural rules;
Contradiction with substantive provisions;
Inconsistency with the purpose of the law.
In each law that provides for the imposition of compulsory administrative measures, the authorities that may impose them are also listed. Most often, these are the heads of departments, agencies, directorates and other administrative units or persons authorized by them. The appeal against the order to apply compulsory administrative measures is appealed to the administrative court at the permanent address of the appellant, if he is a natural person, and at his registered office, if he is a legal entity.
The appeal is filed with the court, indicating the act being appealed and attaching a copy of it so that there is no doubt about what is being contested. All legally admissible evidence may be used in the trial – witness statements, documents, expert opinions.
A lawyer with administrative law experience will be able to carry out the necessary actions to collect all relevant evidence. The court examines the case in a panel of one judge and issues a decision, by which it cancels or confirms the order for the application of a compulsory administrative measure. The party for whom the decision is unfavorable may appeal to the Supreme Administrative Court within fourteen days of receiving the final judicial act of the administrative court.
In some cases, it is provided that the decision is not subject to appeal. An example of this is the application of the PAM for refusal to test for the use of alcohol and/or narcotic substances while driving a vehicle. The provision of Art. 172, para. 5 of the Road Traffic Act, excludes the possibility of appeal to the Supreme Administrative Court.
Time limits and specifics of the different types of PAM
Time limits for appealing PAMThe time limit for appealing PAM is fourteen days from the date of delivery of the order or act imposing it. Filing an appeal within this period is of utmost importance, as otherwise the right to appeal and the possibility of judicial control are lost.
It often results in an appeal against a PAM issued by the Ministry of Interior under the Road Traffic Act. The cases in which such an order is usually issued are:
Driving a vehicle after using alcohol or drugs;
Refusal to perform an alcohol or drug test;
Driving a vehicle by an incompetent driver or one with a revoked driver’s license;
Technical malfunction, etc.
In these cases, a driver’s license may be revoked and even the vehicle may be impounded.
The National Revenue Agency may apply the PAM “sealing of a facility”. This measure is regulated in Art. 186, para. 1 of the VAT Act, with a maximum application period of 1 /one/ month. It is most often imposed in cases where a cash receipt is not issued, a cash register is not registered in accordance with the relevant procedure or an activity is carried out without one, etc. The Gambling Act regulates the right of the executive director of the NRA to impose coercive administrative measures in accordance with the Gambling Act – temporary revocation of the license for a period of three to six months or permanent revocation of the license.
When a violation that threatens public health needs to be prevented or stopped, the competent authority to impose the PAM is the director of the relevant Regional Health Inspectorate.
The Labor Inspectorate may apply coercive administrative measures when it establishes violations of labor legislation or the rules for safe working conditions. The Labor Code lists all cases in which this authority may issue an order to apply this type of measure.
What are the risks in the absence of legal intervention?
First of all, is
