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When could the petition be submitted to the Council?

Lawsuit may not be brought before the Council unless it challenges a final administrative decision (executory and prejudicial) issued by an administrative authority.

Should there be no decision taken by the said authority, as is the case with claims submitted to the full jurisdiction court for damages resulting from public works or the administration of public utilities under the control of the State, the Public Institutions and municipalities, the concerned party has to submit, to the administrative authority, a brief containing his claims and fixing the disputed issues.

Upon expiry of two months as of the date of submitting the said brief without obtaining an answer, the silence of the administration is considered as an implied rejection on which the legal action before the Council could be based. Naturally, the court action could be instituted upon receiving an express rejection within the same two months.

 

 

 

 

 

 
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