Administrative Law

Administrative Law Attorney in Belgium

A refused planning permit, a contested municipal decision, dismissal from public service, a public contract awarded to a competitor: decisions by administrative authorities - State, regions, municipalities, public bodies - daily affect citizens' and businesses' lives. Belgian administrative law organises appeals against these decisions: informal appeal to the authority itself, appeal to the Council of State, sometimes to specialised administrative courts.

Mis à jour en février 2026

The administrative lawyer: challenging the administration effectively

Facing the administration, individuals or businesses find themselves at a disadvantage. Public authorities master procedures, have legal departments, and can mobilise significant resources. The specialised lawyer rebalances this power dynamic.

The administrative lawyer knows the appeal routes - sometimes multiple and parallel - against administrative decisions. Appeal to the Council of State, the supreme court in administrative matters, follows strict rules of form and deadline. A poorly drafted or late petition is inadmissible.

They also master urgent procedures. Suspending an administrative decision in summary proceedings can be vital: stopping an illegally authorised construction project, preventing execution of a dismissal, blocking award of a public contract. These procedures require rapid response and precise argumentation.

Finally, the administrative lawyer often has in-depth knowledge of specific sectors: town planning, public service, public procurement, environment. This sectoral specialisation allows mastery of not only procedure but also substantive applicable law.

Administrative law fees

Rates vary depending on the nature of intervention and the court involved.

For an informal or hierarchical appeal to the administration, expect 1,000 to 3,000 euros depending on case complexity.

For an annulment action before the Council of State, fees generally range from 3,000 to 10,000 euros, or more for complex cases involving numerous parties (appeals against planning permits with multiple parties, for example).

Summary proceedings (suspension, interim measures) represent an additional cost of 2,000 to 5,000 euros.

For public service disputes before the Council of State or regional administrative courts, plan for 3,000 to 8,000 euros.

Public procurement constitutes a separate area: the amounts at stake often justify substantial investment in legal fees.

Common administrative disputes

Town planning generates abundant litigation. Refusal of building permit, neighbours' appeals against a granted permit, challenge to planning requirements: these disputes are resolved before regional administrative courts then, on points of law, before the Council of State.

Public service is another major area. Civil servant dismissal, disciplinary sanctions, promotion refusal, contract termination for State contract staff: appeals are numerous and procedures specific.

Public procurement is subject to complex regulation. An unsuccessful tenderer can challenge contract award if they believe the procedure wasn't followed. Appeal deadlines are very short (15 days for pre-contractual summary proceedings).

Environment is giving rise to increasing litigation: challenges to environmental permits, appeals against land use decisions, actions to protect natural sites.

Finally, individual administrative decisions (refusal of aid, authorisation, accreditation) can be challenged through procedures that vary depending on the area concerned.

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Questions fréquentes

What is the deadline for bringing a case before the Council of State?

An annulment action must be brought within 60 days of notification or publication of the challenged decision. This deadline is strict: once passed, the appeal is inadmissible. A suspension application in summary proceedings must be filed within the same period and demonstrate urgency.

What's the difference between annulment and suspension?

Annulment definitively nullifies the challenged decision, as if it had never existed. It's pronounced at the end of proceedings lasting several months or years. Suspension temporarily freezes the decision's effects while the annulment action is examined. It's granted urgently if conditions are met.

Can I claim damages from the Council of State?

No, the Council of State cannot award damages. It annuls or suspends illegal decisions but doesn't order the administration to pay financial compensation. To obtain compensation, you must bring proceedings before the civil courts or invoke the administration's liability.

How do I challenge a planning permit granted to my neighbour?

You must first lodge an administrative appeal organised by regional legislation (municipal council, delegated official, regional government depending on the region). Then you can bring annulment proceedings before the Council of State. Deadlines are strict and vary by region.

Can a dismissed civil servant challenge their dismissal?

Yes, depending on their status and employer, the civil servant can bring proceedings before the Council of State (for federal civil servants and certain entities), a regional administrative court, or the labour courts (for State contract staff). Procedure and deadlines vary by case.

What are pre-contractual summary proceedings in public procurement?

It's an urgent procedure allowing an unsuccessful tenderer to suspend award of a public contract before the contract is signed. The time limit to act is only 15 days. The aim is to prevent the contract being concluded before the illegality is examined.

Is a prior administrative appeal mandatory?

It depends on the subject matter. In town planning, for example, an organised administrative appeal is generally mandatory before bringing proceedings before the Council of State. In other areas, administrative appeal is optional but may achieve faster review of the decision.

Can the Council of State reform the administration's decision?

No, the Council of State can only annul or suspend a decision, not replace it with another. After annulment, the administration must take a new decision complying with the judgment. If it persists in illegality, a new appeal can be brought.

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