Appeal to the Council of State

Verified 17 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The Council of State acts as an appellate judge instead of the Administrative Court of Appeal for certain decisions taken by the Administrative Court. These are decisions concerning municipal and departmental elections, the legality of an administrative act and the safeguarding of a fundamental freedom (if the decision was taken under the urgency procedure). We present you with the information you need to know.

Appeals against decisions of the Administrative Court are normally made before the Administrative Court of Appeal.

But, for some decisions, the appeal must be made to the Council of State.

These are:

  • Decisions on the outcome of municipal and departmental elections
  • Decisions concerning the legality of an act falling within the competence of the administrative judge (where the administrative court has been seised by a judicial court)
  • Decisions taken on interim "freedom"

The appeal is not suspensive.

The decision which is the subject of the appeal must therefore apply, with the exceptions provided for by law. For example, in electoral litigation, the appeal is suspensive.

You may, however, request the Council of State to postpone the execution of the decision which is the subject of the appeal, pending its judgment.

In principle, it is not mandatory to hire a lawyer.

Where the use of a lawyer is mandatory, this is specified in the notification the decision you want to appeal.

If you need to hire a lawyer, choose a lawyer from the Councils (also called lawyer at the Council of State and the Court of Cassation).

If you file the appeal yourself, you can do so online, on site or by mail.

On the Internet

You can submit your request via the online service Remedy citizens.

Citizens' teleappeal (appeal to the administrative court)

The call is made by a written request which is called request.

You must sign the request and provide your full name, surname and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision)
  • Statement of facts (date of decision, identity of author and circumstances in which it was taken)
  • Arguments on the merits of your request

If you wish to file the appeal via the Citizens Remedy online service, it is advisable to consult the brochure explaining the procedure to be followed and the documents to be provided.

You must submit the following electronically:

  • Query: Identification in the Telemedicine application is equivalent to identification in the query and signature
  • Signature of the other applicants, if you file the application on behalf of several persons
  • Warrant entered in the Telemedicine application, if you make the request on behalf of a third party
  • Attachment files: One file per attachment, with a label that includes a serial number
  • Attachment Inventory, with a title that clearly and explicitly describes the contents of each attachment, unless you are using the Automatic Remedy online service Inventory.
On the spot

The request shall be lodged at the Registry of the Council of State in as many copies as there are parties to the dispute.

Who shall I contact

The call is made by a written request which is called request.

You must sign the request and provide your full name, surname and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision)
  • Statement of facts (date of decision, identity of author and circumstances in which it was taken)
  • Arguments on the merits of your request

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute
By mail

The request must be sent by post preferably with RAR: titleContent at the Registry of the Council of State in as many copies as there are parties to the dispute.

Who shall I contact

The call is made by a written request which is called request.

You must sign the request and provide your full name, surname and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision)
  • Statement of facts (date of decision, identity of author and circumstances in which it was taken)
  • Arguments on the merits of your request

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute

Please note

if you are represented by a lawyer, he must use the application Remedy to forward your request.

You don't have to pay to appeal to the administrative judge.

But if you hire a lawyer, you have to pay his fees.

Depending on your income and the value of your wealth, you may be able to benefit from legal aid.

You can also ask the court to order the administration to reimburse you for your legal fees.

The time limit for appeal is set out in the notification of the contested decision.

It may vary depending on the nature of the decision and the geographical distance between your place of residence and the seat of the appeal court.

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You live in the mainland

You need to appeal within 2 months which follow the notification of the judgment of the Administrative Court. However, there are 2 exceptions : in the case of elections, the period is 1 month and in the case of interim measures of freedom, the period is 15 days.

You live overseas

You need to appeal within 3 months which follow the notification of the judgment of the Administrative Court. However, there are 2 exceptions : in the case of elections, the period is 2 months and in the case of interim measures, 1 month and 15 days.

You reside abroad

You must appeal within 4 months of the notification of the administrative court judgment There are 2 exceptions : in the case of elections, the period is three months and in the case of applications for interim measures, the period is two months and 15 days.

FYI  

if the appeal period is less than 2 months, it must be stated in the notification of judgment. Otherwise, the applicable time limit is 2 months.

The Council of State is re-examining the case before the court. First, he gathers all the elements that allow him to decide, and then he holds a hearing to try the case.

Instruction

The investigation allows the Conseil d’État to gather all the elements necessary for the judgment of the case, including:

  • Admissibility of the application (compliance with the time limit for bringing an action, signature of the application, assistance from a lawyer, etc.)
  • Arguments in support of the appeal
  • Arguments of the opposing party
  • Legal issues raised by the dispute
  • Evidence (provided by the parties or collected by the court)

During the investigation, the court can question you in writing, just as it can question your opponent.

The Council of State may also organize an oral hearing or an investigative hearing.

The oral hearing and the hearing can allow you to have an adversarial debate with your opponent on the elements that are useful to decide the dispute. These hearings do not concern the merits of the arguments put forward in support of the motion.

Decision

Once the investigation is over, the State Council sets a hearing date to try the case.

You or your lawyer are notified of the date of the hearing by mail RAR: titleContent or via the Remedy online service.

At the end of the hearing, the case is put to the deliberate.

The decision may be made available to you at the Registry or may be made available to you notified sometime after the hearing. In the case of an application for interim measures "freedom", the judge must give a ruling within 48 hours.

FYI  

your lawyer may make oral observations after the public rapporteur has delivered his opinion.

The remedies and time limits for appeal are set out in the letter of notification of the decision issued by the Council of State on appeal. This decision is no longer subject to appeal. However, it may be challenged by one of the following actions:

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