Our law firm has expertise in public law and especially in administrative law.
You can request our help if :
- you have a dispute with the authorities (if you have a dispute with tax authorities or with the Ministry of the Interior because of your driving licence, please see our pages about tax law and road traffic law).
- you want us to represent you before the administrative jurisdictions : Administrative Tribunal or Administrative Appeal Court.
The specificity of our law firm is that it can handle any file in administrative law.
Our main expertise in administrative law
1) Challenge to the legality of an administrative decision
If you want to challenge the legality of an administrative act (regulatory act or individual decision), below is a list – with examples – of the main areas we have expertise in.
a) Administrative police :
- You challenge the decision of the authorities to order the closure of your restaurant, of your discotheque, or of your beverage room due to non respect to Health Code.
- You challenge a decree regarding danger against one of your properties.
- You challenge a decree banning advertising display
b) Public freedoms :
- You challenge a decree prohibiting a march or a public assembly.
c) Administrative authorization or approval :
- You want to undertake a controlled activity such as pharmacist, taxi driver or driving instructor, and you challenge the refusal of the authorities to give you a license.
- You challenge the withdrawal or the abrogation of an administrative authorisation you have been given.
d) Administrative sanctions :
- You are an athlete and you challenge penalties taken against you by a sport federation.
e) Dismissal of a protected employee :
- You are a protected employee of a private company and you challenge the authorisation of dismissal given by the labour inspector.
f) Public aid :
- You challenge a grant awarded to an organization (non-for-profit association, union, etc.)
- You challenge the denial of grants to the organization of which you are the president.
2) Administrative liability
The D’Angela Law Firm can also help you if you have been subject to some prejudice for which you want to engage the responsibility of the State, of a local community (municipality, department, region) or of a public institution, in order to obtain compensation.
For example, we can help you if you have been subject to a prejudice because of :
- an unlawful administrative act
- damages resulting from public works: fall on a public thoroughfare, public work which may cause nuisances that could depreciate your property.
- A refusal of the authorities to call public security in order to carry out an eviction.
Our legal recourses before the administrative courts
In most cases, you will have to apply to the administrative court in order to have your case successfully brought against the authorities.
An action going to the substance of the case should normally be brought : this will be either an appeal on the ground of abuse of authority, either a full remedy action.
Sometimes, you will be able to use your rights by lodging an application for interim measures. This application will mainly be requested in case of urgency.
1) Appeal on the ground of abuse of authority :
By this action, we ask the judge to review the legality of a grievous administrative act (whether it be a regulatory act or an individual decision) and to annul it.
2) Full remedy action :
By this action, we ask the judge to take a decision which will replace the one taken by the authorities. For example, we can ask him to award damages to you, to reform an administrative act, or to recognize you a subjective right.
This action is to be applied especially in litigation such as :
- tax litigation
- driving license litigation
- disputes on responsibility
- electoral dispute
- disputes on administrative penalties
3) Summary judgements :
a) Temporary suspension injunction :
By this action which can only be applied in case of urgency, we ask the judge to suspend the effects of an administrative decision, of which we will also ask the annulment by an action going to the substance of the case. In accordance with the urgency, the interim relief judge takes a decision within 48 hours to one month.
b) Protection of fundamental liberties :
By this action, we will ask the judge to order every measure necessary to safeguard a fundamental freedom (e.g. right to property, freedom of expression, freedom of movement, etc), which a public-law person or a private person vested with the management of a public service has seriously affected. This action can only be applied in case of urgency. The interim relief judge takes a decision within 48 hours.
c) Action requesting to take all “appropriate measures” :
By this action which can only be applied in case of urgency, even before the authorities take a decision, we ask the judge to take all “appropriate measures” required for bringing an action (e.g. disclosure of documents or information).
d) Action requesting a certified report :
By this action, we ask the designation of an expert in order to quickly establish any facts that might constitute reasons of dispute before the administrative court.
e) Relief measures instruction :
By this action, we will ask the judge to order every necessary investigatory measure, and every necessary measure of expertise. For example, during public works, we may ask him to appoint an expert to determine the condition of real estate assets that may be damaged, and the cause and scale of these damages if should they happen.
f) Award for interim payment :
By this action, we can ask the judge an advance award on an amount owed by the authorities. You will be granted this advance award only if your debt is not highly controversial. Thus, the award for interim payment enables you to obtain reimbursement of your debt without awaiting final sentencing of the authorities.
Our other actions in administrative law
Besides proceedings before administrative courts in first instance and on appeal, our law firm can :
- advise you on questions of administrative law
- help you in dealing with public authorities
- introduce an administrative appeal on your behalf (appeal for reconsideration or appeal to a superior authority)