Are you hurt by the decision of a government authority? You have nowhere to go

The power of the governing authority in relation to the individual is enormous. It can bring him to prison, collect fines and expropriate land from him. Who will stand in the doorway as a bodyguard and restrain her power? Administrative Law

Court (Photo: shutterstock)

Illustration (Photo: ShutterStock)

L. is a man in his mid-30s who worked in high-tech and earned income as a security guard. L. was living a peaceful, cohabiting life with his partner, but at one point, for such and other reasons, he decided to break up the couple and break up with his girlfriend. With a vengeance, the offending company contacted the police and filed a complaint against L. for using violence.

In accordance with an administrative decision of the Ministry of Public Security and in light of the recommendation of the Israeli police, upon opening the case against him, the license to carry a firearm was revoked. According to that decision, in order to prevent future damages, as long as an individual is being investigated for violence, his or her firearms license will be revoked until further notice.

This sweeping decision, however warranted, constituted a severe blow for L. who was denied the opportunity to earn a living from his job as a security guard. After numerous attempts to change the evil, our office filed an administrative petition for L.A. against the PA's decision, demonstrating that it was an idle complaint that did not form an indictment. The petition was accepted and the young man received his firearm license back.

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Visit the Authority's decision

Everyone is entitled to do as he pleases, except where prohibited by law, but this is not the case with the PA. The principle of legality The Administration states that the authority must not do anything unless explicitly permitted by law; Accordingly, the Administrative Guidelines Law sets out how the Authority will operate and how it will operate where the law or regulations do not specify it.

The court can review the content of the administrative decision, not only in light of the rules of authority and how they operate, but also in light of the principles of reasonableness and proportionality: the court will examine whether the administrative decision towards the individual was made in light of the principle of proportionality and, if it is reasonable, whether the authority considered the whole The considerations before making her decision in relation to the individual.

An administrative decision that turns out to be offensive to a private or business person may emerge in any area: business licensing regulations, municipal tax collection, municipal tenders, planning and construction decisions, livestock, access to public institutions for people with disabilities, and more.

For example, when a municipality allocates land to a contractor at the expense of parking belonging to one of the city's residents, or when a religious council denies a couple's marriage because the woman did not prove her Jewishness. In such cases, the victims will file an administrative petition through which they will ask the court to review the decision taken by the authority and examine the validity of their specific case.

In the past, administrative petitions were submitted exclusively to the High Court, but today the High Court of Justice is only dealing with administrative decisions that have caused injustice to the entire public. Decisions that offend in particular are condemned in the District Court on Saturday as an administrative court.

Proceedings must be exhausted before a court petition (Photo: shutterstock)

Woman writing letter (Photo: ShutterStock)

Act quickly and exhaust the proceedings

Administrative law relies on different regulations and rules than civil law. If any administrative decision makes you wrong, and you want to oppose it through a petition, you should follow two important principles:

To exhaust the proceedings before the petition - Contrary to civil law, administrative law expects petitioner to attempt to exhaust proceedings outside the court walls. This means that, before filing the petition, it must first contact the authority in writing, describe the problem and allow it to cure the defect before legal proceedings are brought before it.

Act quickly to prevent delays - In administrative law, a delay is made, which the authority can file if the proceedings are not filed within 45 days of the date on which the injustice was discovered. The delay, if accepted, will allow the authority to proceed in the same way, so it is of crucial importance to contact an attorney immediately in order to exhaust all necessary actions as soon as possible.

Administrative law rests on the principle that a person who comes to sue for justice must come with clean hands, with an open heart and with a soul. Based on this principle, and unlike the civil procedure, all details, affidavits and evidence relating to the administrative procedure will be provided at the outset.

Filing a Temporary Remedy for Interim Order

Due to the length of the legal proceedings, the law allows the petitioner to apply for temporary relief under the petition. If the application is accepted, an interim order will be issued which will temporarily freeze the existing situation until a final order - the court's final ruling.

If you have been wronged by an administrative or governmental decision, you should contact a lawyer specializing in administrative law without delay and sue for a change of decision in accordance with your case.

Adv. Haim Deborah specializes in administrative law, military law, employment law, tort and accident.

Phone: 053-6114043

The article is courtesy of Zap Legal

The information presented in the article does not constitute or replace legal advice and does not constitute a recommendation for taking proceedings or avoiding proceedings. Anyone relying on the information contained in the article does so at his own risk