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What is the Role of an Administrative Law and Petitions Attorney?
An attorney specializing in administrative law and petitions plays a crucial role in the Israeli legal system. Their primary function is to represent you – citizens, companies, and organizations – before state authorities, local authorities, and other public bodies. When an administrative decision is made that infringes upon your rights or interests, this attorney is your point of contact.
The attorney will guide you through proceedings with the authorities, file administrative petitions with the courts, appeal various administrative decisions, and advise you on diverse regulatory matters. They will ensure that the decisions made concerning you are legal, reasonable, and fair. In other words, they are there to protect your rights against the bureaucratic system.
Main Areas of Practice for an Administrative Law and Petitions Attorney
An attorney practicing in the field of administrative law deals with a wide range of issues. Their central role is to protect your rights against decisions made by state authorities. Here are some of the main areas in which they specialize:
- Filing Administrative Petitions: The attorney represents you in legal proceedings before administrative courts and the High Court of Justice (HCJ). The purpose of the petition is to change or cancel decisions made by administrative bodies and public authorities that have harmed you.
- Consultation and Representation Before Authorities: The attorney handles various issues with state authorities, local authorities, government ministries, educational institutions, planning and construction committees, business licensing bodies, and more. They will help you understand the requirements, submit the necessary documents, and represent you in discussions.
- Administrative Appeals: If you have received an administrative decision that you are not satisfied with, the attorney will file an appeal on your behalf. Appeals can be on issues such as licensing, planning and construction, property taxes, public tenders, freedom of information, public housing, and more.
- Handling Public Tenders: The attorney advises, guides, and represents you in tender processes. They will help you understand the tender conditions, submit a valid proposal, and, if necessary, file objections and petitions against the results or conditions of the tender.
- Protection of Human Rights: The attorney handles petitions on issues of fundamental rights, employee rights, prisoner rights, student rights, soldier rights, and more. They will work to ensure that the authorities respect your basic rights.
- Guidance in Hearing and Disciplinary Procedures: If you have been summoned to a hearing before a public authority or a disciplinary committee, the attorney will represent you in the process. They will help you present your position in the best possible way and ensure that the process is conducted fairly. Professional legal representation can be critical in these situations.
The role of an administrative law attorney is to ensure that the authorities act in accordance with the law, reasonably, and fairly. If you feel that your rights have been violated by a decision of a public authority, it is important to contact an Administrative Law and Petitions Attorney as soon as possible to receive legal advice and representation.
When Should You Contact an Administrative Law Attorney?
There are several situations in which it is highly recommended to contact an attorney specializing in administrative law and petitions. Remember, early consultation can save you time, money, and a great deal of distress.
- Illegal or Harmful Decision: If you have received a decision from a public authority that seems illegal, unreasonable, or infringes upon your rights, it is time to contact an attorney. For example, if you have received a demolition order, had your license revoked, or if the results of a tender seem unfair.
- Objection or Appeal of an Administrative Decision: If you need to file an objection or appeal against an administrative decision, an attorney will know how to guide you on how to do so in the best way. They will help you prepare the legal arguments, collect the necessary evidence, and submit the documents on time.
- Need to File a Petition to the HCJ or an Administrative Court: If you have reached a situation where there is no alternative to filing a petition to the HCJ or an administrative court, an attorney is essential. They will draft the petition professionally, argue on your behalf in court, and work to achieve the best possible outcome for you.
- Dealing with Bureaucracy with Authorities: Even if you are not sure whether the decision you received is illegal, but you feel that you are dealing with complex bureaucratic procedures with authorities and public institutions, an attorney can help you. They will understand the procedures, speak on your behalf with the authorities, and work to advance your interests.
Characteristics of the Administrative Procedure
The administrative procedure differs from the civil or criminal procedure, so it is important to be familiar with its unique characteristics:
- Purpose of the Administrative Petition: The administrative petition is intended to examine the legality, reasonableness, and fairness of the authority’s decision. The goal is not necessarily to receive monetary compensation, but to change or cancel the harmful decision.
- Examination of the Decision by the Court: The court examines whether the authority acted within its jurisdiction, whether it exercised its authority properly, whether it met the hearing obligations, whether the procedure was transparent, and whether the decision was proportionate and reasonable.
- Importance of Deadlines: In administrative proceedings, short deadlines for filing petitions and appeals must be observed. Late submission of documents may result in the rejection of the petition or appeal. Therefore, it is important to contact an attorney as soon as possible to ensure that your rights are protected.
Understanding these characteristics will help you deal more effectively with the administrative procedure and protect your rights in the best possible way.
An administrative law and petitions attorney is the professional you should turn to when you seek to protect your rights against state authorities. They will ensure that the decisions made concerning you are legal, reasonable, and fair. Do not hesitate to seek legal advice as early as possible to ensure the best protection of your rights.