In certain situations, enforcing an administrative act may lead to serious consequences before the court has the opportunity to rule on its legality. To prevent such irreversible effects, the law allows injured parties to request the suspension of the act’s enforcement until the merits of the case are decided.
- When can suspension be requested?
According to Article 14 of the Administrative Litigation Law, a person whose right or legitimate interest has been infringed may ask the court to suspend the enforcement of an administrative act in well-justified cases and in order to prevent imminent damage. In other words, suspension may be granted when:
- there is an urgent situation (for example, the risk of losing a right, harm to economic activity, or damage to reputation);
- there are serious doubts as to the legality of the act; and
- continued enforcement would cause irreparable harm.
It is important that, before bringing the matter before the court, the injured party has filed a prior administrative complaint with the issuing authority or the hierarchically superior authority, in accordance with Article 7 of the law.
- Procedure
A request for suspension is examined urgently and as a priority, with the parties duly summoned.
The decision granting suspension is enforceable by operation of law, meaning it takes effect immediately. It may be challenged by appeal (recourse) within 5 days; however, the appeal does not suspend enforcement.
If, after suspension is granted, the authority issues a new act with the same content, that act is automatically suspended, without the need to file a new prior administrative complaint.
- Suspension requested within the main action
The law provides a second option: the claimant may request suspension together with the main action (Article 15). In this case, the court may order suspension until the dispute is finally resolved. This request may be filed:
- either within the main action seeking annulment of the administrative act; or
- separately, during the proceedings, up to the issuance of the judgment on the merits.
If the action on the merits is upheld, the suspension ordered previously is automatically extended until the final resolution of the case.
Conclusion:
Suspension of the enforcement of an administrative act is a provisional measure, but an essential one for protecting injured parties from the effects of potentially unlawful acts. Although it is an urgent procedure, it requires solid reasoning and evidence demonstrating both imminent damage and a well-justified case. Consulting a lawyer specialized in administrative litigation is essential in order to prepare a correct and complete application.
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