Other stages of the legal proceedings
Oral hearing
In administrative law, an oral hearing is an additional means of investigating a case, which complements the written procedure.
The Supreme Administrative Court may hold an oral hearing either on its own initiative or at the request of an interested party. The interested party must justify their request by explaining why written processing is insufficient and what evidence would be presented at an oral hearing. An oral hearing may be omitted if the claim set out in the appeal cannot be examined at all or if it is dismissed immediately. An oral hearing may also be omitted if it is manifestly unnecessary or if the case concerns an appeal against a decision of an administrative court and it is not necessary to hold oral proceedings in order to clarify the case.
The interested parties, a representative of the public authority that made the decision subject to appeal and any other persons whose evidence is deemed necessary are summoned to the oral hearing. An interested party may be represented by an attorney or legal counsel.
The Supreme Administrative Court rarely holds oral hearings.
Oral preparation
The Supreme Administrative Court may also organise oral preparation to examine the case. Oral preparation may be organised prior to an oral hearing in order to ascertain the points on which the parties to the proceedings disagree and what evidence can be presented in support of their claims.
No witnesses or experts are heard during oral preparation. Following oral preparation, an oral hearing may be held in the case or the case may be decided directly by written procedure.
If the Supreme Administrative Court does not grant leave to appeal, it does not issue a separate notice of the rejection of the request for an oral hearing. Otherwise, the Supreme Administrative Court notifies the parties of its decision to hold or not to hold the requested oral hearing.
Inspection and examination
In order to obtain further information in a case, the Supreme Administrative Court may also arrange an inspection or examination.
Inspections are most commonly carried out in relation to land use, construction and environmental matters. In an inspection, the members of the court visit the location to familiarise themselves with the circumstances that need to be established in order to decide on the case. Members are able to assess and make observations on site regarding, for example, the landscape, natural features or buildings. The aim is for the court to obtain as comprehensive an overview as possible to inform its decision-making.
The interested parties and the public authority that made the decision are invited to the inspection so that they may attend and present their views on the subject of the inspection. A record is always kept of an inspection.
The Supreme Administrative Court organises inspections only rarely, just a few times a year. An inspection is not an oral hearing but, during it, the parties may draw the attention of the members of the court to matters they consider important. If necessary, an oral hearing may also be arranged in connection with an inspection.
The case is not decided at the inspection but at a later court session. The decision is based not only on the findings of the inspection but also on documentary information previously received in the case.
Instead of an inspection, the Supreme Administrative Court may also carry out an examination to verify a particular fact. The interested parties and the public authority that made the decision are informed about an examination in advance and a record of it is drawn up.
Request for a preliminary ruling
In the course of hearing a pending case, the Supreme Administrative Court may request a preliminary ruling from the Court of Justice of the European Union (CJEU) on a question of interpretation relating to the interpretation of Union law or the validity of legislation. As the highest court, the Supreme Administrative Court is also obliged, under certain conditions, to make a request for a preliminary ruling.
The Court of Justice of the European Union has jurisdiction to give preliminary rulings on the interpretation of treaties or on the validity and interpretation of legislation adopted by a Union institution.
The decision to request a preliminary ruling is always taken by the panel hearing the case.