Administrative Law Lawyers
The difference between an administrative petition and an administrative lawsuit
In the field of administrative law, the citizen has one main tool and that is the administrative petition. Beside it, there is also the administrative claim whose use is limited to one main matter.
In this article we will discuss the characteristics of these tools and when each of them can be submitted.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
Administrative Petition - What is it?
A person who considers himself aggrieved by a decision of an administrative body, may file an administrative petition, in the framework of which, he can object the decision, request its revocation or its amendment. The petition will be filed in the Administrative Court against the same authority that made the decision. It should be noted that this petition cannot be filed in any matter, but only on specific issues defined in the law like the examples given below. The administrative petition must include the entire chain of events and the full correspondence between the petitioner and the authority whose decision he seeks to object.
In addition, all relevant documents must be attached to the petition, including an affidavit declaring the correctness of the facts set forth in the petition. If necessary, to the extent that the decision causes damage to the petitioner, or that there is a fear that it will be irreversible until the end of the hearing of the petition, an application for an interim order may be submitted to the court. An important feature of the administrative petition is the date of its submission: as soon as possible and up to 45 days after the petitioner has made the decision, unless otherwise provided by law. A delay in filing the administrative petition may result in its dismissal without a substantive hearing.
Examples of administrative petitions
As stated, an administrative petition can be filed on specific issues that appear in the law, here are some examples:
- Planning and construction : A construction company filed an administrative petition due to the refusal of the local planning and construction committee in a local municipality to grant a building permit to strengthen two buildings by way of tm”a 38. Another case could be a petition to revoke a building permit granted after, because it was given illegally.
- Business Licensing : Obtaining a business license is a complicated bureaucratic matter that suffers from quite a bit of uncertainty and inconsistency. Therefore, it is often used as a ground for filing an administrative petition due to non-granting of a business license, revocation of a license, etc.
- Property tax : Filing an administrative petition on this issue can be due, among other things, to the statute of limitations on property tax debt, delay in collection, unreasonable charge, etc.
Administrative claim
While the administrative petition is concerned with changing a decision made by a governing body, the administrative claim is concerned with obtaining monetary compensation. This will also be submitted to the Administrative Court and on specific issues set out in the law. Today the main use of this tool of administrative action is for the purpose of filing a claim for compensation due to a tender conducted illegally by an administrative authority. As part of this, a participant in a tender will usually demand monetary compensation, due to his failure to win it, while relying on winning the tender. In order to file an administrative lawsuit or administrative petition, professional legal representation of a law firm with expertise in the administrative law industry is required. It has its own unique rules that are very different from the rules of civil law and therefore it is very important to enlist the help of a lawyer who specializes in this field who has successfully handled petitions and administrative lawsuits.
In conclusion, sometimes state authorities make decisions that could infringe on the rights of the individual, in such cases the court can be asked to overturn the administrative decision or receive compensation from the state for the damage it has caused.
