Can an administrative judge's decision be challenged?
Verified 11 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, in a few rare situations, it is possible to oppose the decisions of the Council of State.
But opposition is not possible against decisions of administrative tribunals and administrative courts of appeal.
Opposition is a procedure that allows a case that has already been decided to be retried.
You can object when the judge has made the decision default, that is, in your absence, and in the following cases :
- You were absent from the hearing (for cause) and were unable to comment or defend yourself
- No other person with the same interest in the matter as you had had an opportunity to comment at the hearing
- In the case of a written procedure without the obligation to appear at the hearing, you did not specifically indicate in your request what you're asking the judge.
The opposition procedure shall not prevent the enforcement of the decision. They say the procedure is not suspensive.
However, you can ask the judge to suspend the execution of the decision. This is called stay of execution.
The time limit for lodging an objection shall be 2 months from notification of the contested decision.
The procedure to be followed is identical to that of the appeal to the Council of State.