To make a free remedy, you must meet all of the following conditions:

• Justify the need for an urgent decision by the administrative judge (for example, in case of a ban on a demonstration, it is necessary that the decision be taken before the date of the demonstration)
• Demonstrate that an infringement of a fundamental freedom protected by law, by the Constitution or by an international convention (freedom of assembly, freedom to come and go, freedom of expression, right to property, etc.)
• Demonstrate that the interference with the enjoyment of liberty is a serious interference (e.g. the prohibition on the enjoyment of the fundamental freedom in question)
• To show that the serious infringement of fundamental freedom is manifestly unlawful (for example, if the decision to ban the demonstration is taken by an officer who does not have the power to make that decision)

You you don't have to hire a lawyer to make an application for interim relief. But it can be helpful to get legal advice, given the legal requirements of this recourse.

If you want to hire a lawyer, it is advisable to choose a lawyer specialized in public law.

The application for interim relief is made via a request which must bear the indication "interim".

You must send the application to the administrative court's judge for interim measures.

It shall contain the following elements:

• Subject matter of the request (e.g. statement of the measures requested, sending of an injunction to the administration)
• Statement of Facts
• Arguments demonstrating the need for an urgent decision and the existence of a serious and manifestly unlawful interference with the enjoyment of a fundamental freedom by a public service

In what situations is the use of a lawyer mandatory?The manner of filing an application for interim relief varies depending on whether you make the application yourself or through a lawyer:

The procedure is free of charge.

The request is instructed to fast-track via a procedure contradictory written or oral. The judge hearing the application for interim measures shall take his decision after a hearing.

However, the judge hearing the application for interim measures may dismiss the application directly by ordinance rendered without a hearing in the following cases:

• The request is not urgent (for example, the date of the prohibited event has already passed)
• The application clearly falls outside the competence of the administrative judge (the serious infringement of a fundamental freedom is not made by a public service)
• The application is manifestly inadmissible (for example, there is no statement of urgency or arguments demonstrating the existence of a serious infringement of a fundamental freedom or the manifestly unlawful nature of that serious infringement)
• The application is manifestly unfounded (for example, the arguments advanced in support of the manifest illegality of the infringement of a fundamental freedom are based on laws that are no longer in force)

If the judge hearing the application for interim measures considers that there is no need to reject the application directly without a hearing, he shall communicate the application to the administration and to all the persons concerned so that they can defend themselves.

The judge hearing the application for interim measures shall fix the date and time of the hearing as soon as possible and shall inform the parties thereof.

You can be summoned by any means, including by telephone.

You can present their arguments at the hearing, as well as the administration and other parties involved in the case.

The judge hearing the application for interim measures, acting as a single judge, must give a decision within 48 hours of the submission of your application.

The order for interim relief is notified without delay and to all other parties.

The judge hearing the application for interim measures may order all measures necessary to put an end to the serious infringement of the fundamental freedom.

It may temporarily suspend the decision of the administration which is the basis of the infringement, or give an injunction to the administration to act in a specific sense: to issue a provisional residence permit, an identity card or a travel document.

You can appeal against the rejection order within a period of 15 days before the Council of State.

The Council of State must also give its opinion within a period of 48 hours.