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Cabinet d'avocats fiscalistes

Administrative lawyer and administrative jurisdictions

In order to provide you with the expertise we offer in our areas of specialization, it is essential for us to master administrative law in its entirety, as well as corporate law, which form the umbrella for our areas of reference, and are more general areas in which we intervene, de facto, on behalf of our clients.

Our administrative law practice enables us to support our clients - public bodies, companies, associations, civil servants and private individuals - in their projects and/or disputes, by offering them the following services before the administrative courts, i.e. the Administrative Court, the Administrative Court of Appeal and the Council of State.

In concrete terms, this means that the Law Firm Sion Avocat is able to offer you the following services:

  • Assistance in resolving civil service disputes and litigation, as well as all forms of civil service litigation.
  • Assistance and intervention by Maître Sion in public property issues
  • Assistance and intervention in litigation and offers concerning public contracts
  • Assistance to local and regional authorities
  • Assistance and intervention in the settlement of disputes concerning temporary workers
  • Assistance and drafting of documents concerning your town planning authorizations
  • Issues relating to public domain occupancy agreements
  • Abuse of authority by civil servants
  • Drafting of all your administrative documents and contracts

Our support at every stage of administrative litigation

As soon as you are faced with a person who has a mission of general interest, such as the tax authorities in our fields of reference, or as a local or regional authority, you are, de facto, subject to the regime of administrative law, which is different from having to deal with an individual or a private law entity before the civil courts.

We are competent to intervene on your behalf before all administrative jurisdictions and administrative bodies in order to assert your rights, but also regarding tax audit and litigation.

Administrative appeals/liability appeals/contentious appeals and QPC/appeals to the Conseil d'Etat (Council of State)

There are four different types of dispute in which we can put our expertise at your disposal to help you. The general principle is as follows: the public authority has sent you notification of an administrative decision which runs counter to your interests, or has published a regulatory act which is therefore collective but which, once again, is detrimental to your interests.

It is strongly recommended that you contact us within two months of receipt of the notification or publication of the regulatory act you consider contentious, to enable us to initiate the necessary procedures, which will concern in particular :

  • full jurisdiction litigation, also known as "full contentious":
  • appeal for excess of authority
  • contentious interpretation and assessment of legality
  • litigation concerning the approval of a transaction
  • PQC: priority question of constitutionality. You can see our business cases about that.

Summary proceedings

Bear in mind that when we lodge an application with an administrative court, whether the Administrative Court, the Administrative Court of Appeal or the Council of State, you may be in a state of absolute emergency, and that even if we lodge an application on your behalf on the merits, the administrative decision that has been applied to you remains enforceable and therefore applicable to you, until the administrative judge issues an order in your favor.

Depending on the urgency of the situation, we can intervene on your behalf to ask the administrative judge to protect you, as a matter of urgency, through four main types of action known as summary proceedings:

Suspension proceedings

At the same time as we file a petition requesting the annulment of the administrative decision we are contesting, Maître SION can, depending on the degree of urgency and the seriousness of the situation you are facing, file a summary suspension petition on your behalf, asking the judge to order the suspension of the execution of the administrative decision or of the consequences of this decision. We ask that the execution of the decision be put on hold until the judge has studied the merits of your case.

We invite you to take a look at this business case, where you will find concrete examples of the situations in which we have used this technical approach.

The interim injunction (référé-liberté)

Maître Sion also introduces, as soon as she deems it necessary, a "référé-liberté", to ask the judge to note that a serious and manifestly illegal infringement has been made to a fundamental freedom you enjoy. In this case, the judge will rule within 48 hours of our intervention, asking the administrative authority to take whatever measures he deems necessary to put an end to the infringement of your fundamental rights.

Referral for appropriate measures

Otherwise known as the référé conservatoire, we simply petition the administrative judge to protect you, generally in addition to other summary proceedings, asking him to order "all other useful measures without obstructing the execution of any administrative decision". We recommend this mainly in cases of eviction from public property, or when the administrative authority, for example, asks you to provide certain documents. The judge will then be in a position to issue injunctions to the administrative authority to do or cease doing something, and if he deems it necessary, to compel it to do so under penalty.

Summary proceedings in contractual and pre-contractual matters

In the case of an administrative contract, this summary procedure will enable you to ensure that your co-contractor complies with its advertising and competitive bidding obligations. Together, we can decide to lodge an application for pre-contractual interim relief, or for contractual interim relief once the contract has been signed.

Maître Sion can also initiate any other type of summary proceedings, more technical and specific, tailored to your situation, which she deems useful for protecting your rights and defending your interests, such as summary proceedings concerning information technology and civil liberties, summary proceedings concerning buildings threatening ruin and the safety of apartment blocks, and summary proceedings concerning referrals to the Défenseur des droits.

Under the law, we are obliged to lodge applications with the fund in parallel with summary proceedings.

In administrative litigation, petitions on the merits must be lodged in parallel with summary proceedings, which consist of an action for annulment or an application for full jurisdiction.

Finally, Sion Lawyer adapts to your administrative problems, particularly in the following areas of litigation:

  • Public procurement
  • Disciplinary procedures
  • Various forms of administrative liability
  • Expropriation and pre-emption procedures
  • Civil servants

Please do not hesitate to contact us for further information.

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