How to enforce an administrative judge's decision?
Verified 09 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
If the convicted party refuses to comply with the administrative judge's decision, you can take steps to enforce the decision.
The procedure to follow varies whether or not the decision to be executed concerns the payment of a sum of money.
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The decision is about a sum of money
If the administrative judge orders a public body to pay a sum of money, the payment must be made within 2 months from notification of the decision.
In the event of non-payment within this period, the procedure to be followed to obtain payment varies according to the body concerned.
This is the state
If the State has not paid within the 2-month period, you can request payment of the amount due to the Public Treasury from your department.
You must contact
- the notification the judgment,
- one RIB: titleContent
- and proof of identity (identity card, passport, etc.).
The accounting officer of the public treasury must make the payment. Check with your local tax office beforehand to find out if your request can be filed on site, sent by mail or email.
Who shall I contact
It's a territorial community
If the 2-month deadline is not met, you can ask the prefect of department payment of the amount due.
You must contact
- the notification the judgment,
- one RIB: titleContent
- and proof of identity (identity card, passport, etc.).
The prefect must make the payment.
Ask the prefecture beforehand whether your request can be filed on the spot, sent by mail or email.
It is a public institution
If the 2-month deadline is not met, you can ask the supervisory authority of the public establishment payment of the amount due.
You must contact
- the notification the judgment,
- one RIB: titleContent
- and proof of identity (identity card, passport, etc.).
The supervising authority must make the payment.
Check with this authority beforehand to find out if your request can be filed on site, sent by mail or email. The public institution may provide you with the contact details of its supervisory authority if you do not have them.
The decision does not carry a sum of money
You can apply to the administrative judge for assistance in executing the judgment.
This written request must be filed on site or sent by mail RAR: titleContent at the registry of the court which took the decision (administrative court or administrative court of appeal).
In your application, you must indicate whether you want to have a penalty payment.
You don't need a lawyer to make your request.
The application for implementing aid may be submitted only at the end of a period of 3 months from notification of judgment. However, there are 2 exceptions:
- If the decision contains an emergency measure, the three-month period shall not apply.
- If the court has set a deadline for the administration to implement the decision, you can apply only at the end of this deadline.
Enforcement of a judgment given by an administrative court
Provisions applicable to administrative tribunals and administrative courts of appeal
Provisions applicable to the Council of State
Council of State