The Process for Objecting to an Administrative Fine

The process for objecting to an administrative fine can be directed to different bodies depending on the legislation the fine is based on; correctly identifying the competent body and the deadline is decisive for the admissibility of the objection.

The General Rule: Objection to the Criminal Court of Peace

Under Article 27 of Misdemeanours Law No. 5326, unless a separate judicial remedy is specifically provided by law, an administrative fine can be objected to before the criminal court of peace within fifteen days of notification or pronouncement. This deadline is strict; once missed, the fine becomes final.

Fines Subject to Special Legislation

Tax penalties are challenged before the tax court, competition-infringement fines before the administrative court, and fines imposed by certain regulatory authorities (such as the Banking Regulation and Supervision Agency, the Capital Markets Board, or the Competition Authority) are litigated before the administrative court within the deadlines set out in the relevant special legislation. Correctly identifying which legislation the fine is based on determines the competent body.

Does an Objection Suspend Enforcement of the Fine?

For administrative fines under the Misdemeanours Law, an objection does not, as a rule, automatically suspend enforcement; however, the criminal court of peace may order a stay of enforcement upon request. In lawsuits filed with the administrative court, a request for a stay of execution must be separately raised and reasoned.

The Outcome of an Objection

In reviewing the objection, the criminal court of peace assesses the lawfulness of the fine, whether the record was properly drawn up, and whether the act is established. If the objection is upheld, the fine is annulled; if rejected, the decision is final, although an appeal route may be available.

Practical Recommendations

Establish with certainty the date you received the notification, since the fifteen-day period runs from that date. Setting out concretely in your objection petition how the record underlying the fine is defective directly affects the outcome of the process.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.