Poroy Law Firm

Administrative Law

The citizen's right, the state's limit.

Every act of the administration is bound by law; it is the action before the court that enforces that bond.

Overview

Acts of an administration exercising public power usually take effect without the individual's consent: the refusal of a permit, a disciplinary penalty or an expropriation decision can bear directly on a person's life. In a state governed by the rule of law, the only safeguard is that the administration too is bound by statute and that its decisions remain open to judicial review.

The firm uses the effective remedies available against unlawful administrative acts and actions, chief among them annulment and full-remedy proceedings. Monitoring the short filing periods for administrative matters closely, it conducts the process so as to protect the client's constitutional rights.

Scope

Matters
handled.

  • Actions for annulment of administrative acts
  • Full-remedy (administrative compensation) actions
  • Annulment actions against zoning plans, permits and construction acts
  • Objection and annulment of disciplinary penalties for civil servants and students
  • Objections and complaints concerning public tenders
  • Actions before the tax courts against tax penalties
  • Expropriation and de facto expropriation actions
  • Actions against mesne-profit and administrative eviction measures
  • Annulment actions against EIA reports and advice on environmental permits

Points to Note

What matters
in practice.

The points that most affect the outcome in this area, and are most often overlooked.

The filing period

In administrative matters the period is usually short and strict, such as sixty days, running from notification of the act. Once it is missed, annulment cannot be sought even if the act is unlawful.

Annulment versus full remedy

Setting an act aside is the subject of an annulment action, while making good the loss suffered is the subject of a full-remedy action. Choosing the right action determines the outcome.

Mandatory administrative application

Some acts require an application to the administration before an action may be brought. Skipping this stage can lead to the action being dismissed without reaching the merits.

Other practice areas

Do you have a matter
in this area?

You may request an initial meeting by telephone or email, and bring the relevant documents with you.

Request a meeting