Decisions on administrative sanctions can be appealed to a higher administrative authority. A decision of a higher administrative authority may be challenged before an administrative court. Judgements of lower courts can be appealed.
As a rule, there is one stage of appeal in a proceeding of an administrative authority and one stage of appeal in a court proceeding.
Appeal within an administrative proceeding
In general, you may appeal (in Slovak: odvolanie or rozklad) a decision of an administrative authority of the first instance to a higher administrative authority. Some specific administrative law may exclude this option for some kind of administrative offence proceedings.
example If you are unsatisfied with an administrative sanction of the Ministry of Justice prohibiting you to perform the profession of a forensic expert, you may appeal to a higher authority – directly to the Minister.
Most of the final decisions taken by higher administrative authorities can be challenged before a court. To be able to apply for scrutiny of the court, you must appeal to a higher administrative authority in advance, if not excluded by a specific law.
Appeal within a court proceeding
In Slovakia, administrative actions (in Slovak: správne žaloby) against an administrative decision on administrative offence are decided by the regional courts (in Slovak: krajské súdy) in first instance. An administrative court will examine an administrative decision on administrative sanction and directly decide a case or to order an administrative authority how to decide or what needs to be investigated more specifically.
If you are not satisfied with the decision of a regional court you may submit a cassation complaint (in Slovak: kasačná sťažnosť) to the court of cassation, i.e., the Supreme Court of the Slovak Republic (in Slovak: Najvyšší súd Slovenskej republiky). In Slovakia, any valid decision of an administration court of first instance can be challenged by a cassation complaint for reasons stipulated by law.
In the review process, the court of cassation or the Supreme Court of the Slovak Republic will examine your complaints about the mistakes of a lower court, which are related to an incorrect interpretation of law or violations of procedural rules. These mistakes are prescribed by law and must be serious enough to lead to an incorrect decision.