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Dispute with the Administration: referenced

Verified 02 février 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You can use a summary statement to quickly identify a situation that could be the cause of a dispute before a court and involving the administration. You must apply to the Administrative Court. Legal assistance is not required. If your application is accepted, the judge will appoint an expert to make the finding. In case of refusal, you can appeal within 15 days to the Administrative Court of Appeal.

The summary record allows you to establish a situation that could be the cause of a dispute before a court and involving the administration. You can request this before initiating legal proceedings on the merits of the case, for example to keep a record of evidence that might disappear.

The brief statement can be asked urgently if the facts can change quickly.

You can make a summary statement for example in the following situations:

  • Flooding of a cellar that can cause rapid damage to a dwelling
  • Poor road condition that could cause an accident

Although it may involve an expert, the summary finding cannot be used to obtain in-depth expertise. To do this, you must use the expertise.

  Please note : unlike other referees, urgency is not a mandatory condition for requesting an interim report.

The assistance of lawyer is not required.

Who shall I contact

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

The request shall specify the following:

  • Application Subject
  • Statement of Facts
  • Arguments to support your claim

On site

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

The request shall specify the following:

  • Application Subject
  • Statement of Facts
  • Arguments to support your claim

By mail

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

The request shall specify the following:

  • Application Subject
  • Statement of Facts
  • Arguments to support your claim

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

You do not have to pay to bring the appeal.

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

The judge shall examine whether the query is admissible.

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If your request is accepted

The judge appoints an expert (technician, bailiff, etc.) to make the observation and immediately informs the administration or the community concerned (e.g. the town hall, if the finding relates to a communal road in poor condition).

Finding is served as soon as possible by the judge.

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.

If your request is denied

You may appeal of the decision of the judge of the referees within 15 days of service.

In case of an unfavourable decision of the Administrative Court of Appeal, you can make a appeal before the Council of State within 15 days of notification.