Dispute with the administration: interim proceedings (or interim proceedings)

Verified 17 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? You can ask the administrative judge to order an investigative measure or an expert report before the administration has even made a decision. To do this, you must use the procedure of the reference-statement still called expert's report. We'll walk you through the process.

The interim order allows you to ask the judge for interim orders to order an expert opinion or any other measure of investigation, even if the administration has not yet taken a decision.

For example, you can ask for an expertise to assess the condition of a building that may be damaged during the execution of planned public works.

This will make it easier to prove the causal link between the work and the damage to the building after the work has been completed.

An application for interim measures may be made as a matter of urgency if the interim measures to be carried out must be carried out rapidly in order to be effective.

For example, if you want to have a building assessed for potential damage when public works are performed, and the date of the work is close.

But urgency is not a mandatory condition: you can also ask for interim relief even if there is no urgency.

The 2 conditions to be met to make an interim instruction or an interim expertise are as follows:

  • The measure you are asking for must be useful for the resolution of a current or future dispute
  • The dispute falls within the scope of jurisdiction of the administrative judge.

The situation varies depending on the nature of the dispute between you and the administration:

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Non-financial or non-contractual dispute

It is not mandatory to take a lawyer to make the application for interim relief. You can make the request yourself, but you can also hire a lawyer.

Financial or contractual dispute

If this is a financial or contractual dispute, you must have a lawyer.

Who shall I contact

The request for interim measures is made by a request sent to the administrative court.

The query must include the following:

  • Purpose of the request (specification of the expert opinion or inquiry requested)
  • Statement of Facts
  • Arguments demonstrating the validity of your request (utility of the measure and, if necessary, its urgency)

How you send the application to the administrative tribunal depends on whether you have a lawyer or not.

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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)

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 via a RAR: titleContent. On the envelope, you must indicate the "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 under the expedited procedure, but in a contradictory.

It must immediately forward a copy of the request to the public administration or service concerned and give it a period within which to reply.

The judge hearing the application for interim measures shall then take his decision after having examined the arguments of the parties.

Warning  

Where the application concerns the condition of buildings likely to be damaged by public works, the judge hearing the application for interim measures may take his decision without forwarding the application to the public service concerned.

The judge shall make an order listing the measures of inquiry or expert opinion which he has decided to prescribe and the persons responsible for carrying them out.

The order shall be notified to you and to the public service concerned and to any other interested party.

The expert or the person responsible for carrying out the measures ordered must report to the judge hearing the application for interim measures, and the judge must notify the report to all parties.

FYI  

If necessary, you can ask the judge hearing the application for interim measures to make a new order to prescribe additional measures of inquiry or expertise.

If your request for a statement-statement is rejected, you can appeal before the administrative court of appeal within 15 days of the notification of the rejection decision.

Before the Administrative Court of Appeal, it is compulsory to have a lawyer present.

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.

Before the Council of State, it is compulsory to have a lawyer at the Councils (also called lawyer at the Council of State and the Court of Cassation).

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