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Rights & Applications

Routes for Challenging Administrative Acts

1 min read

Acts established by public authorities are encountered frequently in everyday life. Knowing which routes can be followed against such acts — and in particular how time limits run — matters for avoiding a loss of rights.

What is an administrative act?

An administrative act refers to a measure established unilaterally by a public authority on the basis of public power and producing a legal effect. Issuing a penalty, rejecting an application, or withdrawing a permit may fall within this scope.

The routes available

As a rule, the person concerned may choose one of two routes:

  • Application to the administration (objection): Asking the issuing authority or a higher authority to revoke, withdraw, or amend the act.
  • Direct litigation: Applying to the competent administrative court seeking annulment of the act.

An application to the administration may, under certain conditions, suspend the period for bringing a lawsuit. A failure to answer the application within time may, in turn, produce consequences treated as an implied rejection.

Time limits

The periods for challenging administrative acts are set by law and may vary according to the type of act. When the period starts often depends on the service of the act or the moment it is learned of. Because these periods can be strictly preclusive, setting the calendar correctly from the outset is of great importance.

Points to keep in mind

  • The service date and the related documents should be kept carefully.
  • The choice between the application and litigation routes can affect how the time limits run.
  • The subject and basis of the request should be set out clearly.

Administrative disputes vary according to the nature of the act and the specific situation. General information may not apply to every case on a one-to-one basis.

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