Have you been subject to an administrative decision and wish to request its abrogation?
What is the abrogation of an administrative decision?
The abrogation of an administrative decision (different from the revocation of an administrative decision) is the process by which an administrative authority cancels a decision that it had previously made.
On the other hand, the revocation of an administrative decision is the process by which an administrative authority withdraws a decision that was made in violation of applicable laws or regulations.
Indeed, the abrogation of an administrative decision is an important process to correct errors and ensure that administrative decisions are made in accordance with the law and ethical standards.
Abrogation can be total or partial. If it is total, it means that the decision is annulled in its entirety. If it is partial, it means that certain parts of the decision are annulled, but that other parts remain in force.
Abrogation of an administrative decision cannot always be obtained. Some decisions may be final and cannot be annulled.
Who can request the abrogation of an administrative decision?
Abrogation can be requested by a concerned person or entity (an individual, a company or an organization) affected by the administrative decision, or even by an administrative authority if it believes that the decision is illegal or unfair.
Who can abrogate an administrative decision?
This decision can be abrogated by: • the administrative authority that made the decision; • a superior administrative authority; • the competent judicial authority (administrative court, administrative court of appeal, Court of Cassation).
Within what timeframe can an administrative decision be abrogated?
Abrogation can be done at any time, as long as the administrative decision has not been executed or the effects of the decision have not taken effect.
What is the process of abrogation?
The process of abrogating an administrative decision can be specific and may vary depending on the legislation and regulations in force, including administrative law in the country concerned. Abrogation must comply with the procedural and formal rules provided by law.
- In general, the process begins with a written request from the interested party or another concerned party stating the reasons why they intend to obtain the abrogation of the decision. The administration can also abrogate a decision on its own initiative if it believes the decision should be abrogated.
- The relevant administrative authority (the competent authority) will examine the request and make a decision. The decision (whether to abrogate or refuse) must be motivated and notified to the interested party. Thus, a new administrative decision will replace the previous decision.
- In the event of abrogation or refusal of an administrative decision, the interested parties may appeal the decision to the competent administrative courts.
What are the reasons for abrogating an administrative decision?
There are different reasons that may justify the abrogation of an administrative decision, including:
- The administrative decision is illegal, meaning that it was contrary to a legal or regulatory provision (error of law);
- An incompetent administrative authority made the decision;
- The administrative decision is affected by an error of fact. These are inaccuracies in the facts, which will lead to a decision made on the basis of erroneous or incomplete elements;
- The administrative decision was made in violation of procedural rules (procedural error);
- Circumstances have changed since the date of the decision. The change in circumstances means that the decision is now obsolete, inappropriate or untimely and therefore abrogation is necessary.
What are the consequences of the abrogation of an administrative decision?
The abrogation of an administrative decision can have a prospective or retrospective effect. The effects of an abrogated administrative decision cease from the date of the abrogation decision.
Who can repeal an administrative decision?
This decision can be repealed by:
- The administrative authority that made the decision;
- A higher administrative authority;
- The competent judicial authority (administrative court, administrative appeal court, court of cassation).
Within what time frame can an administrative decision be repealed?
The repeal can be carried out at any time, as long as the administrative decision has not been executed or its effects have not taken effect.
What is the process of repeal?
The process of repealing an administrative decision can be specific and may vary depending on the legislation and regulations in force, particularly administrative law in the country concerned. The repeal must comply with the procedural and formal rules provided by law.
- In general, the process begins with a written request from the interested party or another concerned party establishing the reasons why they intend to obtain the repeal of the decision. The administration may also repeal a decision on its own initiative if it considers that the decision should be repealed.
- The competent administrative authority will examine the request and make a decision. The decision (to repeal or refuse) must be motivated and notified to the interested party. Thus, a new administrative decision will replace the previous decision.
- In the event of the repeal or refusal of an administrative decision, the interested parties may appeal this decision before the competent administrative courts.
What are the grounds for repealing an administrative decision?
There are different reasons that may justify the repeal of an administrative decision, including:
- The administrative decision is illegal, meaning that it was contrary to a legal or regulatory provision (error of law); • An incompetent administrative authority made the decision;
- The administrative decision is tainted by an error of fact. This refers to inaccuracies in the facts, which will lead to a decision based on incorrect or incomplete elements;
- The administrative decision was made in violation of procedural rules (procedural error);
- The circumstances have changed since the date of the decision. The change in circumstances makes the decision now obsolete, inappropriate or untimely and therefore requires repeal.
What are the consequences of repealing an administrative decision?
The repeal of an administrative decision can have a prospective or retrospective effect. The effects of a repealed administrative decision cease from the date of the repeal decision. The repeal of an administrative decision can have significant consequences, particularly with regard to the rights and obligations of the parties concerned. Therefore, it is advisable to seek the assistance of a lawyer preferably dedicated to administrative law to request the repeal of an administrative decision concerning you.
