What are the conditions for bringing an action before the administrative judge?

You can bring the following disputes before the administrative judge:

• Disputes concerning the contestation of the decisions of the administration, regardless of the author (State, department, municipality, hospital)
• Disputes concerning a claim for compensation for damage caused by the action of the administration
• Disputes relating to the challenge of direct taxes (income tax, business tax, housing tax, property tax, etc.) and the VAT: titleContent
• Disputes concerning the contestation of the regularity of certain elections (municipal, cantonal, regional and European)

However, some disputes involving the administration do not fall within the jurisdiction of the administrative judge, but rather within the jurisdiction of the courts (civil, social or criminal courts). For example, disputes concerning the tax on immovable property (IFI) and registration fees.

In case of doubt, you should consult the database of stops the Conflict Tribunal, which lists the decisions that have resolved conflicts of jurisdiction between administrative and judicial courts.

It is important to do this check to make sure you send your request to the competent court to process it.

No, you can't always go directly to the administrative judge for a dispute that falls within their jurisdiction.

Sometimes, you must first provoke a decision from the administration, exercise a mandatory prior administrative appeal, or initiate a mediation action.

Prior decision

If you wish to bring an action before the administrative court for compensation for damage for which a public service is responsible, you must first bring about a decision by that public service.

To do this, you must make a friendly claim for compensation to the relevant public service.

If the public service accepts your request, there is no longer any need to refer the matter to the administrative judge.

If the public service rejects your application, this decision of refusal allows you to bring a claim for compensation of your damage to the administrative judge.

Compulsory prior administrative appeal

The mandatory prior administrative appeal (Rapo) is an appeal that is sometimes imposed before the administrative judge can be seized.

This appeal shall be addressed to the administration to enable it, if it considers it justified, to take a new decision without the intervention of the court.

In disputes where such a remedy is provided for, it is a mandatory prerequisite for referral to the administrative court.

The Rapo applies in particular to the following areas:

• Tax litigation (e.g. tax base)
• Access to administrative documents
• Access to regulated professions (example: College of Physicians)
• Military civil service: appeal to the Military Appeals Board
• Foreigner litigation (e.g. refusal of visas)

The applicable rules (time limits for bringing proceedings, collegiate body for appeal, adversarial procedure) differ according to the Rapo.

The decision of the administration that you are challenging indicates the means and time limits by which the appeal may be made.

Mediation

For some disputes, it is compulsory to first use the mediation procedure with the administration before bringing the matter before the administrative judge.

It's the litigation of the public service, social, housing and return-to-work support.

In order to challenge a decision of the administration, you must act within the prescribed time limit.

If you don't, your request will be rejected.

The delay may be longer if you are living overseas or abroad:

The appeal periods are extended if you make a ex gratia or hierarchical appeal.

There are specific deadlines for certain appeals (e.g. 5 days for municipal elections).

You must therefore carefully read the contested decision, which sets out the remedies and time limits applicable.

You don't have to pay to appeal to the administrative judge.

But if you hire a lawyer, you have to pay his fees.

Depending on your income and the value of your wealth, you may be able to benefit from legal aid.

You can also ask the court to order the administration to reimburse you for your legal fees.