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Interim measures of protection

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

You can use interim measures (or interim measures) appropriate measures) to ask the judge to order an urgent measure to safeguard your rights. This measure should not prevent the enforcement of a decision already taken by the administration. You must address your request to the administrative court. The assistance of a lawyer is sometimes compulsory. The judge decides within a period ranging from a few days to a month. You can challenge his decision before the Council of State.

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

Example :

Ask a mayor to stop city planning work that you consider illegal.

In order to make an interim measure of protection, you must demonstrate that all of the following conditions are met:

  1. The measure is urgent (for example, the approach of a deadline to assert your rights).
  2. The measure you are asking for is necessary.
  3. The administration (State service, municipality, public establishment, etc.) has not yet taken a decision on the case in question. If so, you must make a interim suspension to request the suspension of the application of the decision.

You need to take a lawyer for interim proceedings if the assistance of a lawyer is compulsory for the proceedings on the merits.

If the assistance of a lawyer is not compulsory for the purposes of the main proceedings, you may bring an action for interim measures yourself. However, the advice of an administrative lawyer can be useful in a complex case.

Who shall I contact

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

  • Subject matter of the request
  • Statement of Facts
  • Arguments showing the merits and urgency of your request

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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 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 decision shall be taken by the judge hearing the application for interim measures, ruling as a single judge, unless the application is referred to a collective formation of the court because of its complexity.

The judge decides within a period ranging from a few days to a month.

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.

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

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

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 make a appeal in cassation before the Council of State within a period of 15 days.

The Council of State shall in turn give its opinion within a period ofone month.

Please note

the administration may also appeal to the court of cassation if the decision is unfavorable to it

FAQ