Both you and the public authority have an equal right to submit evidence to the administrative court. It may accept the evidence necessary to review the legality of the contested decision or measure or to rule on the case.
Already proven facts
An administrative court is generally bound by the facts established by the public authority within an administrative file. The court may accept the evidence necessary to review the legality of the contested decision or measure or to rule on the case. It is important to remember that the court can only accept evidence which is obtained lawfully and which is important, and thus relevant, for the case.
Evidence taken by court
The court may consider evidence:
- if considers it necessary for a decision on the case
- in some kind of proceedings (e.g. the court administrative offence proceeding, proceeding on failure to act, proceeding in case of political parties)
- when deciding on reduction of the financial duty determined by the administrative decision
The parties of the proceeding are required to indicate in the application and in their observations the evidence in support of their allegations. The court shall decide which of the proposed evidence to take into consideration. Moreover, it may also consider evidence other than that proposed if it deems it necessary for a decision in the case.
Types of evidence
There are many types of evidence which you can use: written documents, video, audio and other data files, witness statements, the statements of an expert or other competent institution, and physical evidence.
Permissible evidence
All evidence submitted to the court must be lawfully obtained, that is, according to the procedures prescribed by law. If certain evidence has been obtained in violation of your rights (such as the right to private life or secrecy of correspondence) it will not automatically make the proceedings unfair.
The court must first assess the impact of such a violation on your rights and the case as a whole. In any case, the use of evidence obtained by torture or inhumane treatment (for example, by hitting someone or threatening them) is not permissible and will violate your right to a fair trial.
Witnesses
You can ask the court to invite a witness to give a statement about the circumstances or facts that are relevant to your case. The court does not have to invite all the witnesses you have proposed. However, if the court refuses to call your witness, it has to give sufficient reasons for such refusal.
How to complain
A refusal to accept evidence cannot be appealed separately, but if you consider that the court has made a mistake by refusing to accept your evidence or call your witness, you must make that argument in your submission to the court of cassation.