Challenging an administrative decision in Morocco: deadlines and steps

The administration takes decisions every day that directly affect individuals and companies. When a decision appears unlawful, Law No. 41-90 establishing the administrative courts provides a precise remedy with short deadlines.

The action for annulment

It asks the administrative judge to annul an unlawful decision: lack of competence of its author, procedural defect, misuse of power, lack of reasons or breach of the law.

This action does not award damages: compensation for harm requires a separate liability action against the administration.

The sixty-day deadline

The action must be brought within sixty days of the publication or notification of the decision (Article 23 of Law No. 41-90).

An administrative appeal to the decision's author, or to their superior, can be made within the same period. Sixty days of silence from the administration counts as a rejection and opens a new sixty-day period to go to court.

The steps

Gather the contested decision and proof of its notification date.
Where appropriate, file an administrative appeal within the deadline.
Bring the case before the administrative court by a written application signed by a lawyer.
If urgent, ask for the decision to be suspended.
Follow the written proceedings, the hearing and the judgment, which can be appealed.

Decisions most often challenged

Refusal or withdrawal of an authorisation (planning, operating licence, trade).
Disciplinary sanctions against civil servants.
Decisions on public procurement and expropriation.
Refusal to issue an administrative document.

The firm's view

In administrative litigation the deadline often decides the outcome: a well-founded but late application is dismissed.

Maître Malak Elimani represents individuals, civil servants and companies before the Administrative Court of Rabat. This article provides general information and is not a substitute for legal advice.

Reference texts

Administrative courts