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Administrative Law

Administrative acts and actions, and the administrative and judicial remedies available against them.

ABOUT THIS FIELD

Administrative law governs the organisation and duties of public authorities and the acts and actions undertaken through the exercise of public power. Administrative acts are subject to judicial review for legality in terms of competence, form, grounds, subject matter and purpose.

The available remedy and the applicable time limit vary according to the type of administrative act. The person or organisation should therefore establish the date of notification and the content of the act at the outset. The administrative court reviews the lawfulness of the act and, in full remedy proceedings, the link between the administrative act or action and the loss suffered.

PROCESS AND TIME LIMITS

Time limit for bringing an action

Unless a special law provides otherwise, the time limit for bringing an action against an administrative act is sixty days before the Council of State and the administrative courts and thirty days before the tax courts, starting on the day after written notification of the act (Code of Administrative Procedure, Art. 7).

Application to the administration

Before bringing an action, the persons concerned may ask the superior authority, or if there is none the authority that issued the act, to revoke, withdraw or amend it. This application suspends the running time limit; if no reply is given in time, the request is deemed refused (Art. 11).

Stay of execution

A stay of execution may be ordered where implementing the act would cause damage that is difficult or impossible to repair and the act is clearly unlawful (Art. 27). A decision on a request for a stay of execution may be challenged once.

Full-remedy actions

Persons harmed by an administrative act or action may bring a full-remedy action. For damage caused by an action, an application must first be made to the administration concerned within one year of learning of the action and, in any event, within five years of the date of the action (Art. 13).

FREQUENTLY ASKED QUESTIONS

What happens if the administration does not reply to an application?

If no reply is given within thirty days, the request is deemed rejected. The person concerned may then bring an action before the administrative or tax court within the time limit for bringing an action, counted from the end of the thirty days. If the reply is not final, the person may wait for a final reply, but the waiting period may not exceed four months from the application (Administrative Procedure Law, Art. 10).

How is a disciplinary penalty imposed on a civil servant challenged?

Warnings, reprimands and salary deductions are challenged before the disciplinary board, and the suspension of step progression before the higher disciplinary board, within seven days of service of the decision (Civil Servants Law No. 657, Art. 135). Disciplinary decisions cannot be excluded from judicial review (Constitution, Art. 129/3).

What must the administration do after an annulment judgment?

The administration implements an annulment or stay-of-execution decision without delay, and in no case later than thirty days from service of the decision on it. If the decision is not implemented, an action for pecuniary and non-pecuniary damages may be brought against the administration (Administrative Procedure Law, Art. 28).

How can an administrative fine, such as a traffic fine, be challenged?

An application against an administrative fine is made to the criminal judgeship of peace within fifteen days at the latest of service or announcement of the decision. If no application is made within this period, the decision becomes final; in case of force majeure, the application can be made within seven days of the obstacle ending (Misdemeanours Law, Art. 27).

Can an annulment action and a compensation action be brought together?

Yes. A person whose rights have been infringed may bring a full-remedy action directly or bring annulment and full-remedy actions together. If an annulment action is brought first, a full-remedy action may be brought within the time limit from service of the judgment or from enforcement of the act (Administrative Procedure Law, Art. 12).

What is the time limit for appealing an administrative court decision?

Decisions of administrative and tax courts can be appealed to the regional administrative court within thirty days of service. Decisions in certain disputes not exceeding the statutory value threshold are final (Administrative Procedure Law, Art. 45).

DOCUMENTS

The following documents are usually used when a file in this field is reviewed:

  • The administrative act and proof of its service date
  • Applications made to the administration and its replies
  • Personnel file, investigation report and defence statement
  • Regulations and circulars on which the act is based
  • Invoices, reports and records showing the damage
  • Any earlier court decisions
SCOPE

Principal areas of work

  1. 01

    Actions for annulment of administrative acts and requests for suspension of execution

  2. 02

    Full-remedy actions arising from administrative acts and actions

  3. 03

    Appointment, transfer, employment-status and disciplinary disputes concerning public officials

  4. 04

    Proceedings concerning zoning plans, construction permits and municipal acts

  5. 05

    Administrative and judicial remedies concerning administrative fines and decisions of regulatory and supervisory authorities

  6. 06

    Disputes arising from expropriation and public services

  7. 07

    Public procurement procedures and pre-contractual administrative applications

  8. 08

    Determining administrative remedies, time limits and the competent jurisdiction