Time Limits and Limitation in Administrative Proceedings

The constitutional 75-day period

Article 152(3) of the Constitution requires an application within 75 days of publication of the decision or act, or, where it is not published or the complaint concerns an omission, from the date on which the applicant learned of it. The applicant must also show a legitimate interest directly and adversely affected.

This is a strict time limit. Unless a special law expressly provides otherwise, an objection, request for reconsideration or correspondence with the authority does not automatically suspend or restart the 75 days.

Filing time is not the same as limitation

The filing period determines when an administrative act may be brought before the court for judicial review. Limitation usually concerns whether a debt or damages claim remains enforceable after time has elapsed. A single event may therefore engage different periods for annulment, compensation and a statutory appeal.

What may affect the starting date

• Publication in the Official Gazette or by another prescribed method
• Proper service of the decision on the person concerned
• Whether the act is final and enforceable
• Whether a special law requires a prior objection or appeal
• Whether an omission is continuing and when the applicant acquired knowledge

Avoiding loss of rights

Keep the decision, envelope or proof of service, emails, board resolutions and all replies. Because the calculation depends on the facts, legal advice should be obtained well before the end of the 75-day period.