Selecting a language will automatically trigger the translation of the page content.

Dispute with the Administration: registered freedom

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

You can use a freedom alert in case of emergency if an administrative decision violates a fundamental freedom (freedom of assembly, freedom of expression, right of property, etc.). You must apply to the Administrative Court. Legal assistance is not required. The judge must decide within 48 hours. You can challenge his decision before the Council of State.

The interim freedom allows you to ask the judge to take urgent action necessary to safeguard one of your fundamental freedoms if the administration violates them in a serious and illegal manner. This can be a legal person of public law or of a body governed by private law responsible for the management of a public service.

In order to make a free appeal, you must meet the following conditions:

  • Justifying the emergency
  • Demonstrate that a fundamental freedom is at stake (freedom of assembly, freedom to come and go, freedom of expression, property rights, etc.)
  • Demonstrate that the violation of this freedom is serious and manifestly unlawful

The request must be marked "Referenced" and specify:

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

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

Online

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

Citizens' telemedicine (appeal to the administrative judge)

Council of State

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

You must send the following electronically:

  • Query: the identification in the application Telemetry is the identification in the request and the signature
  • Signature of other applicants, if you make the request on behalf of more than one person
  • Mandate registered in the Application Remote Appeal, if you file the request on behalf of a third party
  • Attachment files: one file per part, with a label that has a serial number
  • Attachment inventory, with a title that describes the contents of each attachment clearly and explicitly, unless you are using the Remote online service Auto Inventory

On site

The query may be filed with transplant of the court concerned.

By mail

The query can be sent to the court office by courier preferably with RAR. On the envelope, you must indicate "Referenced".

  Please note : if you are represented by a lawyer, they must use the application Remedies to submit your request.

The procedure is free.

The query is fast-tracked.

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

  • The application shall not be of an emergency nature
  • The request is inadmissible or ill-founded

In the other cases, the judge shall communicate the request to the administration and to all persons concerned so that they may defend themselves. It shall fix the date and time of the hearing as soon as possible and shall 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 of the referees, acting as the sole judge, must decide within 48 hours of the filing of your application.

The Referral Order is notified without delay.

From 20 November 2020, the administrative courts may amend the rules of procedure 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 parties by any means
  • Conduct of the hearing by audiovisual or electronic means of telecommunication
  • Possibility for judges to participate in the hearing remotely
  • Use of the procedure without an interim hearing
  • Use of the procedure without a hearing in certain cases for disputes relating to the right to lodging
  • Exemption from reading of decisions rendered in an emergency in the case of expulsion of aliens

These possibilities to modify the rules of procedure will cease on the day of the end of the health emergency, that is, on 16 February 2021.

Remedies and time limits for appeals are set out in the notification of the decision of the judge of the referees.

Parties may appeal to the Council of State within 15 days.

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