What is the Dispute Tribunal used for?

The primary role of the Dispute Tribunal is to determine whether a case should be adjudicated by the courts. administrative courts or by judicial courts.

However, if the judicial and administrative courts make decisions contradictory for the same dispute, the Dispute Tribunal may rehear the case itself. It may also order compensation for a person who has suffered damage because of the length of proceedings.

You can refer the matter to the Dispute Tribunal if you are in one of the following situations:

• An administrative court and a judicial court declare themselves all 2 incompetent and refuse to judge your case. We are then talking about negative conflict. For example, a court declares that it has no jurisdiction and, subsequently, an administrative court hearing the same case considers itself to have no jurisdiction.
• An administrative court and a judicial court have each issued a decision on the same case and the two decisions are contradictory. It's a conflict of decisions. For example, a disagreement between an administrative tribunal and a judicial tribunal over your compensation.
• You have applied to a court of law and an administrative court for one same dispute (between the same people). However, you consider that the time taken to bring proceedings before those courts is excessive. You can then apply to the Dispute Tribunal for compensation.
  However, you must first make a written claim to the Minister of Justice. If you do not receive a response within 2 months or if your complaint is rejected by the Ministry of Justice, you can refer the matter to the Dispute Tribunal.

In order to refer a case to the Dispute Tribunal, you must query explaining the reasons for your request.

Assistance by a lawyer to the Council of State and the Court of Cassation is mandatory.

Decisions of the Dispute Tribunal shall not be subject to call, nor of a appeal in cassation.