As of 1 February 2014, it will be possible to submit procedural documents electronically to the Council of State (1). It particularly concerns the administrative file, petitions, memorials and attached documents. The digital submission procedure is applicable to almost all actions before the administrative litigation section of the Council of State, with the exception of accelerated procedures and appeals related to municipal elections.
For the time being, although the electronic submission remains optional, the choice becomes final from the moment a procedural document has been submitted through this electronic method.
In practical terms, parties will register themselves with their electronic identity card on a secured website (e-ProAdmin) managed by the Council of State. On this website, procedural documents can be submitted and exchanged. Parties are notified of such submissions by email. After being granted authorisation by their lawyers, clients will also be able to consult the electronic file. However, they will not be able to submit new documents without their lawyers’ knowledge. Whenever it is impossible or practically inconvenient to convert administrative file items (such as: samples, voluminous designs, etc.) into an electronic format, these can still be submitted physically at the Council of State’s Court Registry. Since digital proceedings are not flawless, a number of additional provisions have been introduced in the Royal Decree, which will be applicable when technical defects are encountered by concerned parties and in case access to the State Council’s secured website is suspended.
Pending its entry into force on 1 February 2014, the Council of State published a user manual (2) for digital proceedings on its website.
