Dispute with the administration: application for interim measures

The application for interim relief is a procedure that allows you to ask the judge for interim relief to take, in emergency, measures to preserve a fundamental freedom (freedom of assembly, freedom of expression, freedom of work, etc.) which you consider to be seriously and manifestly unlawfully infringed by the administration.

Urgency is defined by its extreme character.

The judge hearing the application for interim measures assesses the urgency more strictly than for the deferred-suspended because of the shorter time frame for intervention. For example, the expulsion of a foreigner may seriously infringe the freedom to live with his family.

The judge hearing the application for interim measures shall deliver his decision within 48 hours.

To make a referral-freedom, you must fill in all of the following conditions :

• Justify the need for a decision urgent the judge hearing the application for interim measures (for example, in the event of a ban on a demonstration, it is necessary that the decision be taken before the date of the demonstration)
• Show thatan infringement of a fundamental freedom protected by law, the Constitution or an international convention (freedom of assembly, freedom to come and go, freedom of expression, right to property, etc.)
• To show that the interference with the enjoyment of liberty is a serious and manifestly unlawful infringement (for example, if the decision to ban the demonstration is made by an officer who does not have the authority to make that decision)
• To show that the infringement of fundamental freedom is made by an administration or a body governed by private law entrusted with the management of a public service acting in the exercise of its powers.

You you don't have to hire a lawyer to make a referral-freedom. However, it may be useful to seek advice from a lawyer, given the legal requirements of this remedy.

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

To make a referral-freedom, you must send a query to the judge of the administrative court for interim measures.

The request must bear the words "referral" and shall include the following items :

• Your first name, surname and address (if possible your phone number and email)
• The purpose of the request (for example, sending a injunction the administration to stop illegal activities)
• The precise statement of facts
• The legal 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 the administration.

The manner of filing a summary release varies depending on whether you make the request yourself or by a lawyer :

The procedure is free of charge.

But if you hire a lawyer, you have to pay his fees.

The query is instructed to accelerated way according to a procedure contradictory written or oral. The interim relief judge makes his decision after a hearing.

However, the interim relief judge may reject directly the request by a prescription rendered without hearing in one of the following :

• The request does not present no urgency (for example, the date of the banned event has already passed)
• The request is obviously outside the jurisdiction of the judge hearing the application for interim measures (serious interference with fundamental freedom is not committed by an administration)
• The request is obviously 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 request is obviously ill-founded (for example, the arguments put forward in support of the manifest illegality of the infringement of a fundamental freedom are based on legislation which is no longer in force).

If the judge hearing the application 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.

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

You can present your 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 the sole judge, must rule within 48 hours of filing your application.

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

The judge hearing the application for interim measures may order all necessary measures to put an end to the serious infringement of fundamental freedom (injunction, suspension, etc.). He can, for example, order that accommodation be allocated to you within 24 hours, order the execution of a judicial decision entrusting a minor child to the service of child social assistance, the return of your passport...

The order shall take effect from the day on which the party that is required to comply receives it notification.

However, the judge hearing the application for interim measures may decide that it is enforceable as soon as it's returned.

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

The Council of State must also take a decision within 48 hours.