What Is a Stay-of-Execution Order?

Administrative litigation can take a long time, and an unlawful act continuing to be implemented during that period may cause harm that is difficult to remedy. A stay of execution is an interim protective measure designed precisely for this risk.

What Purpose Does a Stay of Execution Serve?

A stay-of-execution order temporarily suspends the implementation of an administrative act until the case is concluded. This prevents irreversible harm even if the case is ultimately decided in the claimant's favour — for example, the demolition of a structure or the actual removal of a person from office.

Which Conditions Must Be Met Together?

For a stay-of-execution request to be granted, two conditions must be satisfied together:

1. The act must be manifestly unlawful, and
2. Its implementation must be liable to cause harm that is difficult or impossible to remedy.

The presence of only one of these conditions is not sufficient; the court assesses both elements jointly.

When Is the Request Refused?

If either of these two conditions cannot be established in concrete terms, the request is refused. For example, where the act's unlawfulness is disputable but the harm is minor, or where the harm is serious but there is no serious doubt as to the act's lawfulness, the request is generally not granted.

Can the Decision Be Challenged?

Decisions granting or refusing a stay-of-execution request may be challenged by objection within the period set by law.

Practical Tips

A stay-of-execution request may be submitted together with the statement of claim or separately during the proceedings; however, presenting the harm in concrete and current terms (for example, that a tender will be finalised imminently) increases the chance of the request being granted. We therefore recommend submitting supporting documents together with the petition.

This article is provided for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.