Conduct of a trial before the Administrative Tribunal

Writing the query

You must write your query in detail.

Your request must include the following items :

• Your surname, first names and address
• The purpose of the request
• The precise statement of facts
• The arguments and means demonstrating the necessity of the request
• The conclusions sought from the judge.

Filing of the application

Once your application has been drafted, you must send it to the administrative court.

How to file your application depends on whether you are represented by a lawyer or not:

Written Instruction

The instruction begins as soon as the graft recorded the query.

The President of the Tribunal shall designate a rapporteur responsible for following the instruction. But the case is being studied by several magistrates.

The initiating application shall be communicated to the contested administration. It submits observations in defense. These comments are forwarded to the applicant (you) for a response by a replica memory.

The rapporteur sets the time limit for parties to produce their briefs.

The rapporteur may also ask the parties to attach any relevant documents to the resolution of the dispute.

The hearing is based on written submissions presenting the arguments of the two parties.

If you are represented by a lawyer, the administrative court will contact him via the online service Removal.

If you are not represented by a lawyer and you have filed your application via the Citizen Remedies online service, the court will exchange with you via the online service. Otherwise, he will exchange with you by mail.

Oral instruction

In addition to the written instruction, the Administrative Court may also organize a oral instruction session.

The oral instruction session allows to have a adversarial debate on the factors relevant to the decision in the dispute.

The parties shall be summoned by a letter in which the questions which may be raised are recorded. Any other matter may be raised during this meeting. If this is helpful, other people may also be called to the hearing.

The presiding judge may decide to hold a public inquiry hearing. This hearing must take place at least 7 days before the trial session.

Closing the statement

When the investigation is completed, the case is placed on trial.

The chairman of the panel of judges shall prescription the date from which the statement is closed.

The parties may submit their written submissions until the date set by the closure order.

In the absence of an order, the parties have up to 3 clear days (a clear day lasts from 0:00 to 24:00) before the hearing.

If the presiding judge considers it appropriate, he may, even after the conclusion of the investigation, order one of the parties to produce other elements or documents in order to complete the investigation.

The date of hearing shall be communicated at each part by registered letter with AR: titleContent (or via the online service Citizen Removal) at least 7 days before the hearing.

The chairman of the panel shall open the hearing and give the floor to the rapporteur to present the case.

The rapporteur recalled the content of the query and presents the arguments of each of the parties (exchanges of briefs, oral investigation session, investigation hearing).

Then the floor is given to the public rapporteur who delivers his conclusions and proposes the solution which he considers most appropriate.

The presiding judge shall ask the parties or their counsel if they have any oral submissions.

Exceptionally, the presiding judge may request clarification from any person present whose hearing one of the parties wishes.

At the end of the hearing, the matter is put under advisement.

The decision is deliberate without the presence of the parties and the public rapporteur.

Judges debate outside the presence of the public rapporteur and parties.

The judgment is notified to the parties or lawyers, and then made public.

The decision of the judges is sent by registered letter in a a few weeks (or transmitted via the online service Citizen Removal).

The judgment is reasoned, i.e. it indicates the reasons for the judges' decision.

The letter of notification from judgment indicates the remedies available and the time limits within which they must be exercised.

For certain disputes (e.g. disputes concerning public employees' pensions), the Administrative Court judges first and last instance.

If you wish appeal of the decision, you have a 2 months delay (3 months for overseas territories and 4 months for foreigners nationals) from the date on which you received notification of the judgment.

In case of unfavorable decision of the Administrative Court of Appeal, you can make a appeal in cassation in front of Council of State within 15 days following the notification.