Administrative Law
We represent individuals and legal entities before administrative courts in annulment and full remedy actions, public procurement disputes, zoning law, civil servant disciplinary proceedings and objections to administrative fines.
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10 topics
- Annulment ActionIn Preparation
An annulment action is the basic administrative-law remedy seeking to have an administrative act set aside on the ground that it is unlawful. Because the filing period is short and strict, a legal assessment should be made immediately after notification of the act.
- Full Remedy ActionIn Preparation
A full remedy action seeks compensation for harm caused by an administrative act or action. It may be filed together with, or separately from, an annulment action.
- Administrative ApplicationIn Preparation
An administrative application is a step that, for certain acts, must be made to a higher authority before litigation and which suspends the time limit for filing suit. Making it to the correct authority within the correct time is critical to preserving the right to later litigate.
- Civil Servant Disciplinary PenaltiesIn Preparation
Civil servant disciplinary penalties are administrative sanctions applied for conduct contrary to the rules governing a public official's duties. Failure to properly afford the right of defence may result in the penalty being annulled.
- Appointment & Post AssignmentIn Preparation
Appointment and post-assignment acts cover administrative decisions on where and to which post public officials are assigned. These acts must be made with regard to the public interest and service requirements, and must not be arbitrary.
- Public Procurement DisputesIn Preparation
Public procurement disputes are a specific category resolved first by a complaint to the contracting authority and then, if necessary, an objection to the Public Procurement Authority. Each stage of the process carries its own short time limits.
- Zoning ProceduresIn Preparation
Zoning procedures cover the administrative processes relating to the plans and permits that determine a property's construction conditions. In actions against these acts, the hierarchy of the zoning plan and technical justifications play a decisive role.
- ExpropriationIn Preparation
Expropriation is the process by which real property is transferred into public ownership, against compensation, on grounds of the public interest. The owner has separate rights to challenge both the expropriation act itself and the compensation awarded.
- Tax & Administrative FinesIn Preparation
Tax and administrative fines are monetary sanctions imposed directly by the competent authorities without the need for a court decision. The right to challenge these fines before the administrative court by an annulment action is subject to a short period from notification.
- Stay of ExecutionIn Preparation
A stay of execution is a measure that temporarily halts implementation of an act until the case concludes, where manifest unlawfulness and a risk of difficult-to-remedy harm are jointly present. This request may be made together with the annulment action or separately during the proceedings.
Frequently Asked in This Area
What is the deadline for filing an annulment action?
As a general rule, an annulment action must be filed within 60 days of notification of the administrative act. This is a preclusive deadline; missing it means the act becomes final.
Learn moreShould I first file a lawsuit against an administrative act, or lodge an objection?
Where the law requires a mandatory administrative application, the administration must be approached first; this suspends the time limit for filing a lawsuit. Where no mandatory application is required, a case may be filed directly before the administrative court.
Learn moreWhat is the purpose of a stay-of-execution request?
It temporarily suspends the implementation of an administrative act until the case is concluded, in order to prevent damage that would be difficult or impossible to remedy. The request is granted where there is both a clear unlawfulness and a serious risk of harm.
Learn moreWhy is it important to consult a lawyer before filing an administrative action?
Time limits for filing administrative actions are short and strict; missing them can result in total loss of the right to sue, so obtaining a legal assessment immediately after notification of the act is important.
Learn moreHow is an objection to a public tender filed?
Tender participants must first file a complaint with the contracting authority regarding acts in the tender process, and may then, if necessary, object to the Public Procurement Authority.
Learn moreThe information on this page is provided for general informational purposes only and does not constitute legal advice. Always consult a lawyer about your specific situation.