Ex gratia, hierarchical and mandatory prior administrative appeal (Rapo)
Verified 21 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)
An administration has made a decision that is unfavorable to you? Before going to court, you can ask the administration to review its position by making an administrative appeal. Sometimes the administrative appeal is mandatory before going to the judge. This is a mandatory prior administrative remedy (Rapo). Here are the rules to know.
An administrative appeal is a complaint to the administration asking it to change a decision it has taken.
The decision of the administration may be explicit or implicit.
The decision is explicit where it is the result of a legal act taken by the administration (written decision displayed or notified).
The decision is implicit when it results from the administration not responding to your request.
Ex gratia appeal
The ex gratia remedy is a complaint sent to the author of the contested decision (mayor, prefect, academy inspector, etc.).
Hierarchical appeal
The hierarchical remedy is a complaint sent to the hierarchical superior of the author of the decision. For example, the Minister of the Interior, for a decision made by a prefect.
It is possible to file a hierarchical appeal without first making an ex gratia appeal or without waiting for the reply to the ex gratia appeal.
Compulsory prior administrative appeal (Rapo)
The mandatory prior administrative appeal (Rapo) is a claim that must necessarily be made before the judge can be seized.
The Rapo applies in particular to the following areas:
- Tax litigation (e.g. plate tax)
- Access to administrative documents
- Access to regulated professions (e.g. College of Physicians)
- Military civil service: appeal to the Military Appeals Board
- Foreigner litigation (e.g. refusal of visas)
- Social litigation (e.g. appeal against a decision of the MDPH: titleContent).
The applicable rules vary according to the Rapo.
Differences may relate to the following points: time-limits for bringing proceedings, collegiate body for appeal, adversarial procedure.
The administrative decision whose challenge is submitted to a Rapo indicates the means and time limits according to which the appeal must be exercised.
The procedure varies depending on whether the appeal is mandatory or not:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Non-compulsory appeal (ex gratia or hierarchical appeal)
The appeal can be made in writing, by email or via an online service.
Where the appeal is made in writing, it must be written on free paper and sent on free paper, preferably registered with AR: titleContent, to keep proof of the shipment.
The appeal is free of charge.
You must provide reasons for your appeal (i.e. explain the legal reasons and facts that lead you to challenge the decision).
A copy of the contested decision should be attached to your letter, along with any documents you consider relevant to the review of the decision.
Keep a copy of the letter, attachments, and proof that they have been sent and received by the administration.
These documents will be useful in the event of subsequent legal action.
The ex gratia appeal and the hierarchical appeal must be lodged within the time limit set for bringing a contentious appeal (2 months from the notification of the contested decision).
The ex gratia appeal must be sent to the author of the contested decision, while the hierarchical appeal must be sent to his hierarchical superior.
Compulsory prior administrative appeal (Rapo)
The Rapo can be done in writing, by email or via an online service. This is specified in the contested decision.
Where the appeal is made in writing, it must be written on free paper and preferably sent by registered mail with AR: titleContent, to keep proof of the shipment.
The authority competent to receive the Rapo shall also be indicated on the contested decision.
The appeal is free of charge.
You must provide reasons for your appeal (i.e. explain the legal reasons and facts that lead you to challenge the decision).
A copy of the contested decision should be attached to your letter, along with any documents you consider relevant to the review of the decision.
Keep a copy of the letter, attachments, and proof that they have been sent and received by the administration. These documents will be useful in the event of subsequent legal action.
The deadline for filing a report is set out in the decision you are challenging.
The situation varies depending on whether the remedy is mandatory or not:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Non-compulsory appeal (ex gratia or hierarchical appeal)
The sending of the complaint interrupts the 2-month period available to you to bring the matter before the administrative court, provided that the complaint is sent before the expiry of this period.
If a complaint is rejected, a further period of two months shall begin to run from the date of notification of that decision.
Example :
The administration will notify an unfavorable decision on 5 January 2024.
You file an administrative appeal on January 26, 2024.
Your administrative appeal is dismissed on March 25, 2024.
You can apply to the administrative judge until midnight on May 24, 2024.
Who shall I contact
Compulsory prior administrative appeal (Rapo)
The effect of sending the Rapo within the time limit is to replace the contested decision by the decision taken on the Rapo.
If the Rapo is rejected, you must file a contentious appeal against the Rapo rejection decision and not against the original decision.
The administration should motivate the decision to reject the Rapo, i.e. it must state the reasons why it took it.
The applicable rules (time-limits, collegiate appeal proceedings, adversarial procedure) differ according to the Rapo.
Read carefully the decision of the administration you are challenging: it indicates the ways and time limits within which the appeal can be exercised.