Legal remedies

LEGAL REMEDIES

(Right to Legal Remedies)

Article 70 (Legal remedies)

An administrative dispute shall commence with a lawsuit or other legal remedy, if so stipulated by law.

(3) The period in which legal remedy may be applied shall start from the moment the court decision is served to the parties.

(3) The period in which a legal remedy may be applied shall start from the moment the court decision is served to the parties.

and legal remedy. (2) The court shall not have to cite the reasons for the decision if it follows the justification of the administrative act and asserts this in the ruling.

Everyone shall be guaranteed the right to appeal or to any other legal remedy against the decisions of courts and other state authorities, local community authorities, and bearers of public authority by which his rights, duties, or legal interests are determined.

(4) The decision on legal remedies shall be made by the court at a session.

It decides on ordinary and extraordinary legal remedies and performs other functions provided by law.

6 When considering, for the purposes of paragraph 4.f of this article if the minimum rights of defence have been satisfied, the requested Party shall take into account the fact that the person concerned has deliberately sought to evade justice or the fact that that person, having had the possibility of lodging a legal remedy against the decision made in absentia, elected not to do so.

Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.

(3) The decision on extraordinary legal remedies shall be made by the Supreme Court, unless otherwise stipulated by law.

The legal remedies permitted against the ruling shall also be permitted against the decisions made by the court in the repeat procedure.

Unless otherwise provided by law, the Constitutional Court decides on a constitutional complaint only if legal remedies have been exhausted.

The effective exercise of this right or other comparable legal or administrative remedies shall be ensured both as regards the timing and the modalities.

(2) The reasons for the resolutions must be given if appeal against them is permissible or if decisions on legal remedies may be made on their basis, and in other cases determined hereby.

(2) The reasons for the resolutions must be given if appeal against them is permissible or if decisions on legal remedies may be made on their basis, and in other cases determined by this Law.

(1) Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty:

in deciding thereon, the court shall take into account all circumstances of the case and, in particular, the reason why both legal remedies have been lodged and the evidence adduced by the parties.

(1) Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Berne Convention:

In this context, States Parties may consider corruption a relevant factor in legal proceedings to annul or rescind a contract, withdraw a concession or other similar instrument or take any other remedial action.

(d) An effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed;

3 When serving judicial documents to persons abroad affected by provisional measures or confiscation orders issued in the sending Party, this Party shall indicate what legal remedies are available under its law to such persons.

5. It uses or makes available for use a works for the purpose of test operation, and failed to obtain a ruling on the approval of test operation that is no longer subject to ordinary legal remedies (third paragraph of Article 5)

Irrespective of the provision of the previous paragraph, investors may commence the construction specified in the previous paragraph at their own responsibility after the building permit is no longer subject to ordinary legal remedies.

(3) The Supreme Court shall adjudicate on appeals against decisions from the first paragraph of this Article with a panel of five judges, and on other legal remedies with a panel of seven judges, unless otherwise stipulated by this Law.

(3) With regard to legal remedies and/or administrative disputes against such instrument referred to in the second paragraph of this article, the provisions of this Act relating to the instrument of selecting a public-private partner shall be applicable.

(1) Adjudication on misdemeanours and the imposition of sanctions shall fall within the responsibility of the competent misdemeanour authority or court, which shall issue relevant decisions, against which the legal remedies laid down in this Act may be used.

(3) In matters which, prior to the entry into force of this Law were adjudicated on by the Supreme Court, and in matters from the first paragraph of this Article, legal remedies permitted under regulations shall be used until the entry into force of this Law.

A decision issued by the authority responsible for deciding the misdemeanour (decision, judgement or order) shall become final when it can no longer be challenged with a request for judicial protection or an appeal, or if no legal remedies are possible to be lodged against it.

(3) With regard to the form of taking a decision referred to in the first paragraph of this article, legal remedies and/or administrative disputes against such decision, the provisions of this Act relating to the instrument of selecting a public-private partner shall be applicable.

Each transmitting Party shall ensure that every natural or legal person, regardless of nationality or place of residence, shall have the opportunity to exercise a right of reply or to seek other comparable legal or administrative remedies relating to programmes transmitted or retransmitted by entities or by technical means within its jurisdiction, within the meaning of Article 3.

Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.

Each Party shall adopt such legislative and other measures as may be necessary to ensure that interested parties affected by measures under Articles 3, 4 and 5 and such other provisions in this Section as are relevant, shall have effective legal remedies in order to preserve their rights.

Irrespective of the provision of the previous paragraph, investors may at their own responsibility commence works by which it is intended to change the intended purpose of use of a works, part of a works or premises therein after the building permit is no longer subject to ordinary legal remedies.

With regard to the third paragraph, it should be noted that in accordance with the case law of the European Court of Human Rights, provision should be made for legal aid where the absence of such aid would make it impossible to ensure an effective remedy (ECHR Judgment of 9. 10. 1979, Airey, Series A, Volume 32, 11).

3 Notwithstanding paragraph 2 of this article, a Party may reserve the right not to apply paragraph 1 to those cases of discrimination for which, due to established principles in its national legal system concerning freedom of expression, it cannot provide for effective remedies as referred to in the said paragraph 2.

Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by performers or producers of phonograms in connection with the exercise of their rights under this Treaty and that restrict acts, in respect of their performances or phonograms, which are not authorized by the performers or the producers of phonograms concerned or permitted by law.

Croatia implements its action plan for the review of in absentia cases and the new provisions of the Criminal Procedure Code on renewal of proceedings and deploying other legal remedies such as protection of legality, ensuring renewal of proceedings requests and renewed trials are properly and impartially handled by all relevant judicial authorities.

(1) In order to perform material acts of the execution of inspection measures for the performance of the non-pecuniary obligations of the person subject to inspection ordered in inspection rulings no longer subject to ordinary legal remedies and issued on the basis of this act, contractors shall be selected in accordance with the Public Procurement Act.

d) ensuring, if necessary by introducing new legal remedies, whether they be of a specific nature or a general domestic remedy, that any person with an arguable claim that their rights and freedoms as set forth in the Convention have been violated has available to them an effective remedy before a national authority providing adequate redress where appropriate;

1 Each transmitting Party shall ensure that every natural or legal person, regardless of nationality or place of residence, shall have the opportunity to exercise a right of reply or to seek other comparable legal or administrative remedies relating to programmes transmitted by a broadcaster within its jurisdiction, within the meaning of Article 5. In particular, it shall ensure that timing and other arrangements for the exercise of the right of reply are such that this right can be effectively exercised.

The EU also invites Croatia to implement its action plan for the review of in absentia cases, including implementation of the new provisions of the Criminal Procedure Code on renewal of proceedings and deploying other legal remedies such as protection of legality, thus ensuring that both the requests for the renewal of proceedings and any renewed trials are properly and impartially handled by all relevant judicial authorities.

Procedures for issuing a standard permit for construction specified in Article 33a of the ZGO that commenced prior to the entry into force of this act shall be completed pursuant to the provisions of the ZGO, whereby permits issued in such a procedure and standard permits no longer subject to ordinary legal remedies that are not yet final upon the entry into force of this act shall be equivalent in consequences to a building permit pursuant to this act.

If, during a repeat procedure for the issue of a building permit or via the use of other extraordinary legal remedies, a final building permit is wholly or partly abrogated or pronounced as null and void and the works must be wholly or partly removed, and this is a consequence of unlawful action by the body that issued the permit, the investor shall have the right to the reimbursement of ordinary damages and lost profit for the damage incurred thereby because of the trust in the final building permit.

(Special conditions for temporary deferral of inspection measure) (1) If the investor commenced construction before the building permit became final but after it was no longer subject to ordinary legal remedies and the building permit was partly or wholly abrogated because of the abrogation of implementing planning document proceedings to determine constitutionality and legality, and the investor fails to acquire a building permit in a repeat procedure, the building inspector shall act as stipulated in Article 152 of this act.

If a ruling on the issue of a building permit is no longer subject to ordinary legal remedies but has not yet become final because a party has initiated an administrative dispute against the permit and the investor therefore decides to defer the construction until the building permit becomes final, the investor shall have the right to demand compensation from such party for the ordinary damages and lost profit incurred because of the deferral of construction, if it is determined that by initiating the administrative dispute such party intentionally abused the rights held thereby pursuant to law.

(b) because the owner liable for the damage under chapter II is financially incapable of meeting the obligations under this Convention in full and any financial security that may be provided under chapter II does not cover or is insufficient to satisfy the claims for compensation for damage; an owner being treated as financially incapable of meeting these obligations and a financial security being treated as insufficient if the person suffering the damage has been unable to obtain full satisfaction of the amount of compensation due under chapter II after having taken all reasonable steps to pursue the available legal remedies;