Administrative Petition

An administrative petition is a procedure that a citizen or any other private body submits in order to appeal an administrative authority’s decision. The Administrative Affairs Courts act prescribes who are the administrative bodies whose decisions may be appealed within the framework of an administrative petition, and also defines the issues for which an administrative petition may be filed.

An administrative petition is submitted to the District Court sitting as the Administrative Court, when the procedure must be submitted to the District Court where the administrative decision was made (for example, a petition against the Acre Municipality will be filed with the Haifa District Court).

The date for submission of an administrative petition is within 45 days from the date on which the administrative decision was published lawfully or from the date on which the petitioner received notice of the decision or from the date on which the petitioner learned of the decision (whichever is earlier).

This is a very tight time frame, and therefore it is very important to prepare for filing the petition against the decision immediately upon its acceptance, since a petition filed at a delay will be rejected outright in most cases (only in extreme cases the court will hear the case).

In the framework of an administrative petition, the petitioner must attach all the documents relevant to the attack, including documentation of a request to the Authority prior to filing the petition and the Authority’s response, if any response was received. A petition is supported by the affidavit, and the authority must file a response to the petition.

In the framework of an administrative petition, the court examines whether the decision was made within the scope of the Authority’s authority and the reasonableness of the decision of the authority in accordance with the tests determined in the case law. The petitioner must show that the authority deviated from its authority in making the decision or that the decision deviates from the range of reasonableness.

A judgment in an administrative petition may be appealed to the Supreme Court.

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