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Dispute with the administration: application for interim relief

Verified 09 February 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You can use an interim order for freedom in urgent cases if an administrative decision seriously and manifestly unlawful infringes a fundamental freedom (freedom of assembly, freedom of expression, right to property, etc.). You must address your request to the administrative court. The assistance of a lawyer is not mandatory. The judge must rule within 48 hours. You can challenge his decision before the Council of State.

An application for interim relief allows you to ask the judge to take an urgent measure necessary to safeguard one of your fundamental freedoms if the administration seriously and unlawfully infringes it. It can be a legal person of public law or of a body governed by private law which is responsible for the management of a public service.

To make a free remedy, you must meet the following conditions:

  • Justify urgency
  • To show that a fundamental freedom is at stake (freedom of assembly, freedom to come and go, freedom of expression, right to property, etc.)
  • Demonstrate that the interference with this freedom is serious and manifestly unlawful

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

  • Purpose of the request (e.g. suspension of a decision)
  • Statement of Facts
  • Arguments showing the merits and urgency of your request

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

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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.

By mail

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

Please note

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

The procedure is free of charge.

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, acting as a single judge, must give a decision within 48 hours of the lodging of your application.

The order for interim relief is notified without delay.

From 20 November 2020, administrative courts may amend the procedural rules applicable to the cases they deal with, to allow them to continue their activity during the state of health emergency. Changes may include:

  • Possibility for courts to communicate with the parties by any means
  • Conduct of the hearing via an audiovisual telecommunication means or by electronic means
  • Possibility for judges to participate in the hearing remotely
  • Use of the procedure without an interim hearing
  • Use of the procedure without hearing in certain cases for litigation of the right to housing against third parties
  • Exemption from reading urgent decisions in disputes relating to the removal of foreigners

These options to amend the rules of procedure will end on the day of the end of the health emergency, November 15, 2021.

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 parties may appeal to the Council of State within a period of 15 days.

The Council of State shall take a decision within a period of 48 hours.