Can a decision of the Administrative Judge be reviewed?

Verified 21 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You find out after that an administrative judge's decision is which has become final evidence which may have distorted the assessment of the court? You can request a review of the decision in certain cases. We present to you the conditions for exercising this remedy.

Review is an appeal that allows a court to retry a case that has already been tried, and that is which has become final.

An appeal for review is possible only against certain decisions administrative justice.

An appeal for review may first be made against decisions rendered by the Council of State and by the Court of Auditors.

Review proceedings may also be brought against decisions handed down by all administrative courts, in 2 cases :

  • Where the decision was taken on the basis of false documents
  • When the winning party refused to provide the losing party with an important document that could have changed the meaning of the decision.

The situation varies depending on whether the court which took the decision:

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Decision of the Council of State and the Court of Auditors

The appeal for review must be used when the decision rendered is seriously flawed.

The action may be brought only in one of the following three cases:

  • The decision was made on the basis of a piece of evidence that proves to be false
  • A decisive document that would have enabled the sentenced party to prove its right was found after being detained by the opposing party
  • The court committed a procedural error (composition of the formation of the court, conduct of the hearing, form and delivery of the judgment).

Other administrative jurisdiction

The action may be brought only in one of the following two cases:

  • The decision was made on the basis of a piece of evidence that proves to be false
  • A decisive document that would have enabled the sentenced party to prove its right was found after being detained by the opposing party.

To be able to appeal a decision of the Administrative Judge for review, you must have been a party to the trial that resulted in the decision.

You must make the appeal within a period of 2 months from the day on which you become aware of the reason for review that you invoke.

For example, from the day you discovered that a coin was fake, or that you discovered a decisive document retained by the opposing party.

The appeal for review must be addressed to the court which took the decision.

The situation varies according to the court which took the decision:

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Decision of the Council of State

You must submit the appeal for review via a lawyer to the Council of State.

Decision of another administrative court

You don't have to go to a lawyer at the Council of State.

Warning  

If you have filed a review appeal and it has been dismissed, you no longer have the right to file a second review appeal.

If the court grants your request for review, it will retry the case.

In this case, the decision which is the subject of the appeal for review shall be declared void and may not be enforced.

The court or tribunal may take the same decision or take a different decision in the light of new information.

If the court rejects your request for review, the decision you have appealed can be enforced.

In addition, you no longer have the right to file a new review appeal.

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