Ex gratia, hierarchical, mandatory (Rapo)
Verified 10 February 2021 - Directorate for Legal and Administrative Information (Prime Minister)
If the administration makes a decision that is unfavorable to you, you can ask them to review their decision by filing an administrative appeal. You can appeal to whoever made the decision. You can also make a hierarchical appeal to his superior. Sometimes the administrative appeal is mandatory before going to the judge. This is a mandatory prior administrative remedy (Rapo).
The contested administrative decision may be written (explicit) or result from the administration's silence on your request (implicit).
The ex gratia remedy and the hierarchical remedy are both pre-judicial remedies. But they do have differences.
Ex gratia appeal
The ex gratia appeal is addressed to the author of the contested decision (mayor, prefect, school inspector, etc.).
Hierarchical appeal
The hierarchical appeal shall be addressed to the hierarchical superior of the author of the decision. For example, the Minister of the Interior for a decision made by a prefect.
It is possible to file a hierarchical appeal without first making an ex gratia appeal or without waiting for the reply to the ex gratia appeal.
Prior recourse may be free or compulsory.
When it is free, you can choose to exercise it or to bring it directly before the administrative judge.
Where prior appeal is mandatory, you cannot appeal to the judge without having exercised it.
The compulsory prior administrative appeal (Rapo) is addressed to an administration and is a mandatory prerequisite for referral to the administrative judge.
The Rapo applies in particular to the following areas:
- Tax litigation (e.g. tax base)
- Access to administrative documents
- Access to regulated professions (College of Physicians, ...)
- Military civil service: appeals to the Military Appeals Board
- Foreigner litigation (e.g. refusal of visas)
- Social litigation (appeal against a decision of the MDPH or the MDMPH)
The applicable rules vary according to the Rapo. Differences may relate to the following points: time-limits for bringing proceedings, collegiate body for appeal, adversarial procedure. Read carefully the decision of the administration you are challenging. It shall indicate the means and time limits by which the appeal may be brought.
Please note
where a prior administrative appeal is mandatory, this shall be indicated in the decision.
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Ex gratia or hierarchical appeal
The appeal can be made in writing, by email or via an online service.
Where the appeal is made in writing, it must be written on free paper and sent on free paper, preferably registered with AR: titleContent, to keep proof of the shipment.
The appeal is free of charge.
You must give reasons for your appeal (explain the legal reasons and the facts that lead you to challenge the decision).
A copy of the contested decision should be attached to your letter, along with any documents you consider relevant to the review of the decision.
Keep a copy of the letter, attachments, and proof that they have been sent and received by the administration. These documents will be useful in the event of subsequent legal action.
The ex gratia appeal and the hierarchical appeal must be lodged within the time limit set for bringing a contentious appeal (2 months from the notification of the contested decision).
The ex gratia appeal must be sent to the author of the contested decision, while the hierarchical appeal must be sent to his hierarchical superior.
Compulsory prior administrative appeal (RAPO)
RAPO can be done in writing, by email or via an online service. This is specified in the contested decision.
Where the appeal is made in writing, it must be written on free paper and preferably sent by registered mail with AR: titleContent, to keep proof of the shipment.
The authority competent to receive the OAP is also indicated on the contested decision.
The appeal is free of charge.
You must give reasons for your appeal (explain the legal reasons and the facts that lead you to challenge the decision).
A copy of the contested decision should be attached to your letter, along with any documents you consider relevant to the review of the decision.
Keep a copy of the letter, attachments, and proof that they have been sent and received by the administration. These documents will be useful in the event of subsequent legal action.
The time limit for making a mandatory prior administrative appeal (Rapo) is set out in the decision you are challenging.
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Ex gratia or hierarchical appeal
Making an ex gratia or hierarchical appeal gives you extra time to file a contentious appeal before the administrative tribunal.
However, you must have lodged these appeals before the expiry of the time limit for the appeal, that is to say within 2 months of notification of the contested decision. Indeed, you have 2 months to file a complaint with the Administrative Court (free period). This period is interrupted by the administrative appeal and a new period of 2 months begins to run if your appeal is rejected by the administration.
Example : the administration you notify a refusal on April 4, 2018. You file an administrative appeal on May 26, 2018. Your administrative appeal is dismissed on June 24, 2018. You can apply to the administrative judge until midnight on August 25, 2018. If the deadline expires on a Saturday, Sunday, public holiday or day unemployed person, the time limit shall be extended to 1er day workable next.
The silence kept for more than 2 months on your administrative appeal by the administration concerned means that it refuses your appeal.
Who shall I contact
Compulsory prior administrative appeal (Rapo)
If you are not satisfied with the decision on the mandatory administrative appeal (Rapo), you can appeal to the administrative judge. The contentious appeal is brought against the decision taken on the Rapo and not against the initial decision.
If your Rapo is rejected, the administration concerned should motivate his decision.
The applicable rules (time limits for bringing proceedings, collegiate body for appeal, adversarial procedure) differ according to the Rapo. Read carefully The decision of the administration you are challenging: it indicates the ways and time limits within which the appeal can be exercised.
Who shall I contact
Who can help me?
Find who can answer your questions in your region
- House of Justice and the Law
- Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Cost: free service
The informants who answer you belong to the Ministry of the Interior.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m