Dispute with the administration: interim proceedings (or interim proceedings)

Verified 04 February 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You can use an instruction brief (or expertise brief) to request any useful instruction or expertise measure, even in the absence of a prior administrative decision. You must address your request to the administrative court. The assistance of a lawyer is not mandatory. If your request is accepted, the judge will proceed with the requested measures. In case of refusal, you can appeal within 15 days before the Administrative Court of Appeal.

The interim measures procedure allows the judge to order interim measures pending the trial that will settle the dispute.

The interim order allows you to have an expert opinion or any other measure of inquiry ordered, even if the administration has not yet made a decision. For example, you can request an expert opinion to assess the condition of a building at risk of being affected by public works.

Please note

unlike other applications for interim relief, urgency is not a mandatory condition for requesting interim relief.

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General case

The assistance of a lawyer is not mandatory.

Financial or contractual dispute

If this is a financial or contractual dispute, you must seek the assistance of a lawyer.

Who shall I contact

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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

The request must specify the following:

  • Subject matter of the request
  • Statement of Facts
  • Arguments on the merits of your request

On the spot

The request may be deposited with the graft of the court concerned.

The request must specify the following:

  • Subject matter of the request
  • Statement of Facts
  • Arguments on the merits of your request

By mail

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

The request must specify the following:

  • Subject matter of the request
  • Statement of Facts
  • Arguments on the merits of your request

Please note

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

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 judge hearing the application for interim measures shall examine whether the request is admissible.

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If your request is accepted

The judge shall arrange for the requisite measures of inquiry or expertise (e.g. an inquiry, communication of a document, etc.).

The opposing party (administrative department, local authority, etc.) shall be informed thereof. He shall be given a period within which to reply.

The judge may have the initial measures of inquiry or expertise completed.

The judge hearing the application for interim measures shall notify you of the results as soon as possible.

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.

If your request is rejected

If your request is rejected, you can appeal before the administrative court of appeal within 15 days of the rejection.

In the event of an unfavorable decision by the Administrative Court of Appeal, a appeal on a point of law may be brought before the Council of State within 15 days of the notification.

Before the Administrative Court of Appeal and the Council of State, it is compulsory to have the assistance of a lawyer.

FAQ