This appeal is to be distinguished from the contentious appeal, the purpose of which is to refer a case to a judge.
It is often a prerequisite before going to court. To find out, you must read the letter that you intend to dispute to the end, the remedies are specified at the bottom of the page (It is a legal obligation).
If you intend to request the annulment of a decision taken by the administration or to seek compensation for fault, you will have to make an administrative appeal before going to court.
And this, in order to request the administrative authority, which took the decision that we intend to challenge, the re-examination of his file by sending him a detailed letter making his arguments and without forgetting to provide evidence to support your request.
It often happens that this remedy is taken lightly. Many of the letters only mention “I do not agree…” or “I request reconsideration…” but without further details.
Put all your chances on your side and take this recourse very seriously (as if you were addressing the judge) by detailing all your arguments and bringing elements about your situation that could be ignored by the service.
Tell yourself that if the administration reconsiders its position you will be able to save yourself years of legal proceedings.
It could be:
- A gracious appeal: letter addressed to the person who made the decision
- Hierarchical appeal: letter addressed to the hierarchical superior of the person who made the decision.
The administrative authority may:
- review its position and win your case.
- to maintain its refusal by mail in the negative is an explicit rejection.
- remain silent by refraining from answering you. After 2 months, this silence will be interpreted as an implicit rejection.
In the event of an explicit or implicit rejection, you will have 2 months to refer the matter to the judge and seek legal redress.
Administrative litigation means the re-examination of a decision or an administrative act by an administrative judge.