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Dispute with the Administration: referenced instruction (or referenced expertise)

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

You can use a referenced instruction (or referred expertise) to request any useful measure of instruction or expertise, even in the absence of a prior administrative decision. You must apply to the Administrative Court. Legal assistance is not required. If your request is accepted, the judge will have the requested measures taken. In case of refusal, you can appeal within 15 days to the Administrative Court of Appeal.

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

The interim instruction allows you to order an expert opinion or any other measure of instruction, even if the administration has not yet taken a decision. For example, you can request expertise to assess the condition of a building that could be affected by public works.

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

General case

Legal assistance is not required.

Financial or contractual dispute,

If this is a financial or contractual dispute, you must have assistance lawyer.

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 shall arrange for the necessary investigative or expert measures (e.g., an investigation, the communication of a document, etc.) to be carried out.

The opposing party (administrative service, territorial authority, etc.) is informed of this. He is given a deadline to reply.

The judge may supplement the measures of investigation or expertise originally requested.

The judge of the referees shall notify you of the results as soon as possible.

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 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 unfavourable decision by the Administrative Court of Appeal, appeal before the Council of State may be convened within 15 days of notification.

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