Dispute with the administration: interim relief-suspension

Verified 01 January 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Interim relief is an urgent procedure. You can use it to ask the judge to prevent the immediate execution of an administrative decision that you find illegal. The urgent judgment shall be provisional, pending a decision on the merits of the case. The application for interim relief must be addressed to the Administrative Court. You don't have to have a lawyer. The judge decides between a few days and a month.

The application for interim relief allows the execution of a decision taken by the administration to be suspended, which is unfavorable to you.

Example :

  • Prohibition of a show or demonstration
  • Administrative closure of an establishment
  • Order to leave the territory for a foreigner

The decision on interim relief-suspension shall be taken by the judge hearing the interim relief. Its effect ceases when the judge has ruled on the merits.

To be able to use the interim order, you must meet the following 3 conditions:

  • To have previously filed a request set aside or vary the decision for which you are seeking suspension
  • Justify the urgency of suspending the execution of the decision (e.g. an expulsion decision)
  • Demonstrate that there are substantial grounds for believing that the decision is unlawful

Warning  

the urgency is assessed differently according to the situation.

The request shall bear the indication "interim" and specify the following:

  • Purpose of the application (e.g. suspension of a building permit decision)
  • Statement of Facts
  • Arguments showing the illegality of the administrative decision and the urgency of your request

You must attach the following documents to your request:

  • Copy of your application for annulment of the decision
  • Copy of the decision concerned

The assistance of a lawyer is not mandatory. However, it may be useful to seek advice from a public law lawyer.

Who shall I contact

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Online

You can submit your request via the online service Remedy citizens.

Citizens' teleappeal (appeal to the administrative court)

If you wish to file the appeal via the Citizens' Remedies online service, please consult the brochure explaining the procedure to be followed and the documents to be provided.

You must submit the following electronically:

  • Query: Identification in the Telemedicine application is equivalent to identification in the query and signature
  • Signature of the other applicants, if you file the application on behalf of several persons
  • Warrant entered in the Telemedicine application, if you make the request on behalf of a third party
  • Attachment files: One file per attachment, with a label that includes a serial number
  • Attachment Inventory, with a title that clearly and explicitly describes the contents of each attachment, unless you are using the Automatic Remedy online service Inventory

On the spot

The request may be deposited with the graft of the court concerned. On the envelope, you must specify "Application for interim measures".

By mail

The request may be sent to the court registry by post preferably with RAR: titleContent. On the envelope, you must specify "Application for interim measures".

Please note

if you are represented by a lawyer, he must use the application Remedy to forward your request.

The filing of the application for interim measures is free of charge.

However, the procedure may result in expense.

Depending on your income, you may be entitled to legal aid.

The request shall be dealt with expeditiously.

The judge may dismiss the application directly by a ordinance rendered without a hearing in the following 2 cases:

  • The request is not urgent
  • The application is inadmissible or unfounded

In other cases, the judge communicates the request to the administration and to all persons concerned so that they can defend themselves. It shall fix the date and time of the hearing as soon as possible and inform the parties thereof. You can be summoned by any means, including by telephone. The parties may present their arguments at the hearing.

The judge hearing the application for interim measures shall give a decision within 48 hours to 1 month after the hearing. This period may be exceeded if the case so requires.

The order for interim relief is notified without delay. It shall also be notified to the other parties to the case.

The remedies and time limits for appeal shall be set out in the letter of notification of the decision of the judge hearing the application for interim measures.

The call is not possible. However, you can form a appeal on a point of law before the Council of State in the 15 days. The Conseil d’État must take a decision as soon as possible.

Before the Council of State, it is mandatory to have a lawyer.

Please note

the administration can also appeal to the court of cassation.

FAQ