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Referral

Verified 09 février 2021 - Legal and Administrative Information Directorate (Prime Minister)

You can use the repository (or referenced) useful measures) to ask the judge to order an urgent measure to safeguard your rights. This should not prevent the execution of a decision already taken by the administration. You must apply to the Administrative Court. The assistance of a lawyer is sometimes mandatory. The judge shall decide within a period of between a few days and a month. You can challenge his decision before the Council of State.

The interim order allows you to ask the administrative judge to order all measures necessary to safeguard your rights, before the administration has taken a decision.

Example :

Ask a mayor to stop planning that you consider illegal.

To make a conservation reference, you must demonstrate that all of the following conditions are met:

  1. The action is urgent (for example, approaching a deadline to assert your rights).
  2. The measure you are asking for is necessary.
  3. The administration (State department, municipality, public institution, etc.) has not yet taken a decision on the case in question. If you do, you have to suspended to request the suspension of the application of the decision.

You must take lawyer in the case of the interim proceedings if the assistance of a lawyer is compulsory for the proceedings on the merits.

If the assistance of a lawyer is not required for the substantive proceedings, you may bring the action yourself by way of a summary appeal. However, the advice of an administrative lawyer may be helpful in a complex case.

Who shall I contact

The request must be marked "Referenced" and specify:

  • Application Subject
  • Statement of Facts
  • Arguments showing the validity and urgency of your request

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 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 decision shall be taken by the Judge of the Referees, acting as a single judge, unless the application is referred to a collective panel of the court because of its complexity.

The judge shall decide within a period of between a few days and a month.

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.

You don't have to pay to make the call.

But if you take a lawyer, you have to pay his fees. Depending on your income, you may be entitled to legal aid.

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

The parties can appeal before the Council of State within 15 days.

The Council of State shall decide withinone month.

  Please note : the administration may also file cassation appeals if the decision is unfavourable