March 03, 2025
According to the General Administrative Procedure Act, the silence of the administration occurs when an authorized public body fails to make a decision on an administrative matter within the legally prescribed deadline. Unfortunately, in Croatia, public law bodies are often late in making their decisions. This blog will explain who the public law bodies are and what your legal options are if you face the silence of the administration.
1. What are public law bodies in Croatia?
According to Article 3. Public law bodies are state administration bodies, other state bodies, bodies of local and regional self-government units, and legal persons with public authority. This definition encompasses a wide range of institutions with which citizens and legal entities come into contact when exercising their rights and obligations.
Concrete examples of public bodies and institutions include government bodies such as ministries (e.g. the Ministry of the Interior, the Ministry of Environmental and Nature Protection) and government offices. Other state bodies also fall into this category, such as the National Protection and Rescue Directorate and courts, especially in the context of administrative disputes. Bodies of local and regional self-government units, such as city offices (for example, the City Office for Physical Planning in Zagreb), municipal and city councils and county assemblies, also play an important role. For example, the City of Zagreb has a detailed list of public bodies that are responsible for issuing various conditions and certificates.
Furthermore, legal persons vested with public authority are also considered bodies governed by public law. This includes companies and other organizations entrusted by law or regulation with the performance of certain public functions. Examples of such bodies are Hrvatska elektroprivreda (HEP), Hrvatska voda, Zagrebački holding and the Croatian Pension Insurance Institute (HZMO). It is interesting that a legal entity whose activity of general interest constitutes only a small part of its total activity can also be considered a public law body.
2. Procedure for protection against silence of the administration under the General Administrative Procedure Act
According to the General Administrative Procedure Act (ZUP), if the first-instance public law body does not issue a decision on your request within the prescribed time limit, you have the right to file an appeal due to the silence of the administration. This institute of administrative silence is designed to protect the parties from the inaction of public law bodies and to ensure that their rights and obligations are decided within a reasonable time.
The General Administrative Procedure Act prescribes the deadlines for issuing a first-instance decision. The official is obliged to issue and deliver the decision to you without delay, and no later than 30 days from the date of submission of a proper request in cases where it is a direct solution. If an investigation is required in the procedure, this period is extended to 60 days from the date of submission of a valid application.
If the first-instance body fails to issue a decision within the specified time limits, you have the right to lodge an appeal with the second-instance body. The appeal is submitted to the public body that should have issued the first-instance decision, or that failed to do so. The deadline for filing an appeal is 15 days from the expiry of the deadline prescribed for the adoption of a decision.
After the appeal has been filed, the second-instance body is obliged to issue and deliver to you the decision on the appeal no later than 60 days from the date of submission of the regular appeal, unless a shorter deadline is prescribed by a special law. This time limit ensures that your remedy is also decided within a reasonable timeframe.
3. Lawsuit for protection from silence of the administration under the Administrative Disputes Act
If the second-instance body does not make a decision on your appeal within 60 days, the Administrative Disputes Act provides you with further legal protection. In such a situation, you have the right to file a lawsuit with the Administrative Court of the Republic of Croatia for the silence of the administration.
However, it is important to pay attention to the so-called 8-day dilation period. This means that you cannot file a lawsuit before the expiry of the eight-day period from the date on which the second-instance authority was obliged to issue a decision. If you file a claim before the expiry of this time limit, the court will dismiss it as premature.
The lawsuit shall be filed with the Administrative Court with jurisdiction over the seat of the defendant public law body. It is important that your lawsuit contains all the elements prescribed by the Administrative Disputes Act. This includes your personal and defendant details, a description of the administrative act against which the action is being filed (in this case, failure to take a decision), the factual and legal reasons for which you are filing the action, and your specific request to the court (to order the defendant to make a decision).
The lawsuit must be accompanied by the original or a copy of the administrative act you are contesting (if any), as well as proof that you have filed a request and an appeal (if you have filed one) and proof that the decision has not been made within the prescribed time limit. The court will then conduct the proceedings and, if it finds that your action is well founded, will issue a judgment ordering the defendant public body to adopt an administrative act within a certain time limit.
If you hire a lawyer, the public body may be ordered to pay the high costs of the proceedings.
It should be emphasized that a lawsuit for the silence of the administration can be filed regardless of how the administrative procedure was originally initiated. Your right to legal protection due to the silence of the administration lasts until a decision on your application is taken by a public body.
Conclusion
The silence of the administration is a serious problem that can significantly affect the exercise of the rights of citizens and legal entities. Croatian legislation, through the General Administrative Procedure Act and the Administrative Disputes Act, offers protection mechanisms. It is therefore essential that you are persistent, well informed about your rights and deadlines, and that you take all available legal steps to ensure that the public administration takes a decision in your case.
If you would like to file a lawsuit to protect yourself from the silence of the administration, please contact us at:
