Amicable recourse and the role of the attorney specializing in administrative litigation

What are the cases in which amicable recourse applies?

All types of administrative decisions can be subject to recourse, regardless of their form (letter, decree, invoice, etc.) or their author (ministry, province, municipality, etc.). The recourse can also concern an administrative act (individual decision, permit, taxation, etc.) as well as an omission (failure to respond to a request for authorization, approval, etc.).

What is the benefit of amicable recourse in administrative litigation?

Amicable recourse allows you to challenge the authority’s abuse of power and also promotes dialogue and negotiation with the administration, which may withdraw the challenged decision or amend it. Additionally, amicable recourse offers the advantage of being much faster and less costly than recourse to administrative justice. Finally, administrative recourse is a mandatory prerequisite that will be required if you need to bring your case to the administrative judge.

Why the assistance of a specialist lawyer in administrative law for amicable recourse?

Amicable recourse can indeed be formulated by the individual themselves in any form and does not require the presence of a lawyer. However, the assistance of a legal advisor specializing in public law is a valuable asset that will allow you to increase your chances of success. Indeed, the lawyer has the necessary skills to verify the admissibility of your recourse, identify relevant legal arguments, build a strong case, and draft a convincing argumentation. As the amicable recourse must be motivated and accompanied by the necessary supporting documents, it is obvious that drafting the recourse by a legal professional in a legal style will have a greater impact. Additionally, amicable recourse is subject to procedural rules, including applicable deadlines, which must be respected. Finally, amicable recourse is not always sufficient to succeed. There may still be the possibility of appealing to the administrative judge to challenge the decision in question. In this case, it is preferable for a better understanding of the case that your lawyer has been involved in the case from the beginning of the dispute.

What are the steps of amicable recourse?

There are two types of administrative recourse that can be formulated successively or simultaneously:

1. Gracious recourse: formulated directly by the individual before the author of the administrative act, i.e., before the same administration that made the contested decision.

2. Hierarchical recourse: addressed to the administrative authority superior to the one that made the contested administrative act and which has, by law, the power to annul or reform acts issued by its subordinates.

     Amicable recourse can have one of the following three outcomes:

• The administration withdraws the challenged decision;
• The administration rejects the recourse by notifying the individual;
• The administration ignores the recourse (two months of silence is equivalent to a negative response).

     In the last two cases, the individual may decide to initiate contentious recourse, i.e., before the administrative judge. For this, they have two months from the date of notification of the administration’s decision.

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