When a public authority makes a decision about your rights, whether it is a municipality, a state agency or another body, you can often have it reviewed. Here is how to challenge an administrative decision in Iceland.
The right to fair administrative procedure
Decisions by public authorities are governed by the Administrative Procedures Act (stjórnsýslulög). You have the right to be heard before a decision is made, the right to ask for reasons and the right to have your case properly investigated.
If these rules are not respected, the decision can be invalid.
The right to be heard
Before a decision that is against your interests is made, you usually have the right to present your views. Use it to put forward your arguments and documents while the case is still open.
Administrative appeals
If you disagree with a decision, you can often appeal it to a higher authority or a specialised appeals board, such as those for immigration, planning or social security. As a general rule the deadline is three months from when you were notified, but many special laws set shorter deadlines.
Always check the appeal instructions in the decision itself, and act quickly.
The Parliamentary Ombudsman
Once appeals are exhausted, you can complain to the Parliamentary Ombudsman (Umboðsmaður Alþingis), generally within one year. The service is free. The Ombudsman's opinions are not binding, but authorities normally follow them.
Taking the case to court
In many cases a decision can also be challenged in court. The courts can assess whether the decision was lawful and annul it if it was not. These cases fall under administrative and constitutional law.
When you need a lawyer
Administrative cases can be complex and deadlines are short. A lawyer can assess whether a decision is lawful, prepare the appeal and protect your interests. The sooner you get advice, the stronger your position.
Find a lawyer under administrative and constitutional law or browse lawyers in your region.