In short
When can you petition against a public authority?
When a public authority, such as a municipality, a tenders committee or a ministry, made a decision without authority, without weighing the proper considerations, or unreasonably. An administrative petition is filed with the Administrative Affairs Court, generally within 45 days of learning of the decision.
When Administrative Law Applies
Administrative law deals with decisions of public authorities: government ministries, municipalities and local councils, planning committees and public bodies. An authority must act within its powers, on relevant considerations, equally and reasonably, and must let a person present his or her arguments before a decision that harms them.
Such a decision can be challenged: a municipal tax (arnona) charge, a tender that was not run lawfully, a refusal of an application, a committee decision, or an authority that does not respond at all. Before going to court, the authority is approached in writing, the arguments are set out, and it is asked to change its decision.
Administrative Petitions
Under the Administrative Affairs Courts Law, 5760-2000, petitions against decisions of authorities in many areas are heard by the District Court sitting as a court for administrative affairs. Matters outside its jurisdiction are heard by the Supreme Court sitting as the High Court of Justice (Bagatz).
The deadline is short: an administrative petition is generally filed within 45 days. A petition filed late, or without first approaching the authority, may be dismissed without its arguments being heard. So act as soon as the decision is received.
Municipal Tax (Arnona)
An arnona charge is first challenged by an objection (hasaga) to the arnona manager, within 90 days of receiving the payment notice, under the Local Authorities (Appeal on General Arnona Assessment) Law, 5736-1976. The grounds for objection are that the property is not in the zone for which it was charged, an error in the type, size or use of the property, or that the person charged is not the holder of the property.
The arnona manager must respond within 60 days. An appeal (arar) against the response is filed with the appeals committee within 30 days, and the appeals committee's decision can be appealed to the Administrative Affairs Court.
Public Tenders
The Mandatory Tenders Law, 5752-1992, requires the State, government companies, health funds and other public authorities and bodies to contract, as a rule, through a public tender that gives everyone an equal opportunity to take part.
A bidder harmed by a defective tender, for example because of conditions tailored to a particular bidder or an unlawful disqualification, may petition the Administrative Affairs Court. The petition is filed quickly, because once the contract has been signed and the work has begun, relief is harder to obtain.
What the service includes
- Approaching the authority and objecting to a decision
- Arnona objections and appeals
- Administrative petitions to the Administrative Affairs Court
- Public tenders: submitting bids and petitions against tender results
- Decisions of planning committees and licensing authorities
- Requests under the Freedom of Information Law
When to contact us
- You received an arnona charge that looks wrong
- An authority rejected your application or does not respond
- Your tender bid was disqualified or lost
- A committee or authority made a decision that harms you
What to bring to the meeting
- The authority's decision or the charge notice
- The application or objection you filed
- Correspondence with the authority
- The tender documents and your bid, if it is a tender
Administrative Law throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
What is the difference between an administrative petition and a petition to the High Court of Justice?
An administrative petition is heard by the District Court sitting as a court for administrative affairs, in matters the law has assigned to it, such as tenders and planning and building. Matters outside its jurisdiction are heard by the High Court of Justice, in the Supreme Court.
How long do I have to file an administrative petition?
Generally 45 days. A petition filed late may be dismissed, so the deadline is checked as soon as the decision is received.
How do I challenge an arnona charge?
File an objection with the arnona manager within 90 days of receiving the payment notice. The manager's response can be appealed to the appeals committee within 30 days, and the committee's decision can be appealed to the Administrative Affairs Court.
I lost a tender. Can I do anything?
If the tender was not run lawfully, for example where your bid was unlawfully disqualified or the conditions discriminated, you can petition the Administrative Affairs Court. Before that, ask to inspect the tender documents and the winning bid.
Do I have to approach the authority before filing a petition?
As a rule, yes. Approach the authority in writing, set out your arguments and ask it to change its decision. A petition filed without a prior approach may be dismissed.
