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The State and the Individual
Public Law
Every act of the administration is subject to review for lawfulness. Asserting rights against the administration — from revocation of a permit to an amendment of a zoning plan, from a disciplinary penalty to expropriation — is a technical field with its own distinctive procedural rules.
This is the field of law governing relations between the state and citizens, or between the state's own institutions. Its separation from private law is not merely theoretical; it also matters in determining the court to which application must be made.
In disputes with the administration, procedure comes before merits
In administrative proceedings the periods for bringing an action are forfeiture periods. Where application is not made to the correct authority, within the correct period and by means of the correct type of action, the file may be dismissed without examination of the merits — however clear the unlawfulness of the act may be. For that reason, in administrative disputes the legal guidance given at the moment of first contact can be more decisive than the whole of the subsequent process.
From the moment the notice is received, our office assesses the periods that will run, whether any mandatory administrative remedies exist, and whether an application for a stay of execution is required.
Annulment and full remedy actions
Setting aside an unlawful act of the administration is the subject of an annulment action; compensating the loss arising from that act or conduct is the subject of a full remedy action. In most files these two actions are conducted together or in succession. Proving and quantifying the loss, and directing the expert examination, directly affect the outcome of full remedy actions.
Silence on the part of the administration is also an act. Failure to respond to your applications within the statutory period is deemed an implied rejection and starts its own period for bringing an action.
What we handle in this area
- Annulment actions against administrative acts and applications for a stay of execution
- Full remedy (compensation) actions arising from the administration's failure of service
- Zoning plan amendments, building permit and building registration certificate disputes
- Expropriation and de facto expropriation actions
- Objections and complaints under public procurement legislation
- Disciplinary and personnel rights disputes concerning civil servants and public officials
- Settlement and litigation procedures in tax disputes
- Applications against decisions of regulatory authorities
Frequently asked questions
Failure by the administration to reply within the statutory period means that the request has been rejected; this is known as implied rejection. From that moment the period for bringing an action begins to run. Letting the period pass while waiting for a reply is one of the most common losses of rights we encounter.
It suspends implementation of the administrative act until the proceedings conclude. It is sought in files where there is a possibility of loss that is difficult or impossible to remedy and where the act is manifestly unlawful. In matters such as demolition, revocation of a permit or suspension of operations, it is often more critical than the action itself.
Please note. The content on this page is for general information purposes and does not constitute legal advice. Deadlines and procedural rules may vary according to the particulars of the file. For an assessment of your specific situation, please contact our office.
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