How Do I Challenge an Administrative Decision? And What Is the Time Limit for an Annulment Action Before the State Council?
Many people ask us: “A government body refused my request by a decision — what do I do?”, “Can I challenge an administrative decision?”, “How many days do I have to challenge it?” and “The authority stayed silent and never answered me — what now?” The answer: a final administrative decision is challenged by an annulment action before the State Council courts within sixty days of its publication or of notice of it to the person concerned. A grievance addressed to the issuing authority or its superior bodies interrupts that period, and an administrative authority’s refusal or failure to take a decision is treated as an administrative decision (Arts. 10 and 24 of the State Council Law No. 47 of 1972).
What is an administrative decision?
It is the declaration by an administrative authority, using the power vested in it by laws and regulations, of its binding will with the aim of producing a specific legal effect, such as a decision refusing a licence, ordering a demolition, or dismissing a public employee.
Which decisions may be challenged by an annulment action?
Final administrative decisions. Article 10 gives the State Council jurisdiction over requests submitted by individuals or bodies to annul them.
Must I have a personal interest?
Yes. Requests submitted by persons who have no personal interest in them are not admissible (Art. 12).
What if the authority stays silent and issues no decision?
The refusal of administrative authorities, or their failure to take a decision that the laws and regulations required them to take, is treated as an administrative decision (Art. 10), and it may be challenged.
What is the time limit for an annulment action?
Sixty days from the publication of the contested administrative decision in the Official Gazette or in the bulletins issued by public departments, or from notice of it to the person concerned (Art. 24). Missing this period may result in the action being held inadmissible.
What is a grievance, and how does it affect the time limit?
A grievance is a request submitted to the authority that issued the decision, or to its superior bodies, to reconsider it. It interrupts the period for filing the action. The authority must decide on it within sixty days of its submission; a refusal must be reasoned, and if sixty days pass without an answer, that is treated as an implied refusal (Art. 24):
| Situation | Time limit to file the action |
|---|---|
| Decision published or notified to the person concerned, no grievance | 60 days from publication or notice |
| A grievance was submitted and 60 days passed with no answer | 60 days from the end of the said sixty days |
Is a grievance mandatory before filing the action?
Not in every case; however, Article 12 does not admit requests concerning certain decisions affecting public employees, including decisions on appointment, promotion and retirement, before a grievance is submitted and the prescribed periods have elapsed. In other cases a grievance is optional for those who wish to interrupt the time limit.
Does filing the action suspend execution of the decision?
Filing the action does not in itself suspend execution of the decision, but the court may order a stay of execution if requested in the statement of claim and if it finds that the consequences of execution may be difficult to remedy (Art. 49).
How is the action filed?
By a statement of claim lodged with the registry of the competent court, signed by a lawyer registered on the roll of lawyers admitted before it (Art. 25). It is therefore advisable to engage a specialised lawyer before the time limit expires.
Can compensation for the decision be claimed?
Yes. The State Council courts have jurisdiction over compensation claims for the decisions referred to in Article 10, whether filed as a principal or an incidental claim, subject to their requirements.
What is the effect of a judgment of annulment?
Judgments of annulment are binding on everyone (Art. 52).
Sources reviewed for the data in this article
- Text of State Council Law No. 47 of 1972 as published online (unofficial copy) — Arabic
- Explainer on grievances against administrative decisions and their time limits (Al-Dostor) — Arabic
A question you should know the answer to
Question: If more than sixty days pass after my grievance with no reply, does that mean the authority has agreed?
Answer: No. It is treated as an implied refusal of the grievance, and after the sixty days end a new period of sixty days begins in which to file the action (Art. 24).
What should I do if I cannot handle the situation and have fallen into trouble?
Keep our number with you or with a family member: +201208555806, and call us immediately so that we can intervene as quickly as possible to protect you.
If you hold an administrative decision and are unsure whether it may be challenged, or which body is competent or how much time remains, and you want legal advice, you may consult a lawyer specialised in administrative litigation.
If you are a party to a similar problem, do not face it alone; contact our firm or pay us a visit, so that we may place our experience at your service and handle your case with the care and precision it deserves.
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This article is general information for legal awareness and does not replace legal advice on your particular situation.