Dispute with the administration: interim report
Verified 15 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Are you facing a situation that could lead to a dispute with a public service (e.g. bad condition of a road that could cause an accident)? You can use the summary conviction procedure to ask the administrative judge to have the facts established, in order to constitute proof. If your application is accepted, the administrative tribunal will appoint an expert to make the required finding. We'll walk you through the process.
An application for interim measures is a procedure which enables the administrative court to be asked to have a situation or facts established which may trigger a dispute which falls within the jurisdiction of the administrative court.
For example: a basement flood can cause rapid damage to a house, and the bad condition of a road can cause an accident.
You can request an application for interim measures before initiating legal proceedings on the substance of the dispute, to preserve evidence of facts that can no longer be ascertained at the time of the judgment.
An application for interim measures may be made as a matter of urgency if the facts to be established are likely to change rapidly, but you may also apply for interim measures even if there is no urgency.
The statement made in the context of the interim report does not constitute an expert's report. If you wish to ask the administrative judge to have an expert opinion carried out, you must use the specific procedure of the expert's report.
To be able to make an interim statement, you must first be confronted with a factual situation which may be the subject of an statement.
The procedure is not intended to cause an opinion or comment to be made on the factual situation, but only to make it clear.
Next, the observation must be helpful in resolving the dispute which will result from the potentially contentious factual situation.
The judge hearing an application for interim measures may appoint an expert to register the experts' tables with the courts, but he is not obliged to do so.
The judge may also designate any person whom he or she considers competent to make the finding.
The application for interim measures shall be made by a request sent to the administrative tribunal.
The request must specify the following:
- Subject matter of the request
- Statement of Facts
- Arguments on the merits of your request
The way to send the application to the administrative court situation varies depending on whether you have a lawyer or not:
Répondez aux questions successives et les réponses s’afficheront automatiquement
You don't have a lawyer
You can apply online, on-site or by mail:
Online
You can submit your request via the online service Remedy citizens.
Citizens' teleappeal (appeal to the administrative court)
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 may be deposited with the graft of the court concerned.
Who shall I contact
By mail
The request may be sent to the court registry by post preferably with RAR: titleContent.
On the envelope, you must specify "interim".
Who shall I contact
You have a lawyer
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 judge hearing the application for interim measures shall examine the application and shall decide whether or not to communicate it to the administration concerned before taking his decision.
It has the power to assess on a case-by-case basis the usefulness of the application for interim measures.
The judge hearing the application for interim measures must send his order to the administration concerned.
The observation must be made within a framework contradictory, in the presence of the Parties or their representatives.
The finding may be made in the absence of a party if there is an exceptional circumstance preventing its presence.
The judge appoints an expert (technician, commissioner of justice, etc.) to make the finding and immediately informs the administration or the community concerned (e.g. the town hall, if the finding concerns a communal road in poor condition).
The findings of the expert appointed by the judge shall be signified as soon as possible to the parties.
If the interim relief judge rejects your application for interim relief, you may appeal within 15 days of significance of its decision before the Administrative Court of Appeal.
In case of an unfavorable decision of the Administrative Court of Appeal, you can make a appeal on a point of law before the Council of State within 15 days of the notification of the decision.
Powers of the judge hearing applications for interim measures
Referral via the Telemedicine application
Application for interim measures
FAQ
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