PROTECT the rights of citizens

You should only contact the High Commissioner after you have sought to resolve your situation without success. The High Commissioner will only take up your grievance if you have first complained directly to the administrative department or establishment concerned. You can make these complaints in the format of your choice. However, it is in your own interest to correspond in wrinting by registred mail with the administration and to retain photocopies of your correspondence for evidence purposes. This will allow you to produce a dossier of your correspondence, which you can then submit to the High Commissioner to provide a clear and detailed record of your situation.

You can refer your case to the High Commissioner at the same time as lodging an appeal or application with the administrative authority concerned. You can also contact the High Commissioner before lodging a formal appeal. However, it is important to remember that referral to the High Commissioner does not affect the appeal deadlines. In most cases, you should also lodge a prior appeal with the administrative authority to protect your rights. The High Commissioner will suggest this to you if applicable, in your own interest. If you contact the High Commissioner in relation to a case that has already been the subject of a prior administrative appeal, he/she will work with the administrative departments when examining your case. In such cases, the High Commissioner will issue a recommendation to the administrative authority, outlining how it should respond to your appeal. Where the High Commissioner is involved in this prior phase, your case will benefit from an in-depth and impartial examination, and the response you receive from the Administration will be based on a recommendation from an independent third party. However, if the Administration upholds its initial decision, in line with or despite the High Commissioner's recommendation, the High Commissioner will not be able to take any further action in your case. If you are still not satisfied with the upheld administrative decision, you may then decide to lodge a formal judicial appeal via any of the remaining available channels. You will be entitled to access a summary of the High Commissioner's recommendation to support your appeal to the courts.

You have two months to contest the decision, either by complaining directly to the administrative authority concerned, or by referring the case to the relevant judicial authority. In the first case, you may lodge your appeal directly with the authority that made the contested decision (application for reconsideration), or to a higher authority in the administrative hierarchy (appeal to a higher authority) – usually the Minister of State, the Secretary of Justice or the Mayor, depending on the authority concerned. Where this appeal is lodged within the two-month time frame, the deadline applicable to judicial reviews will apply to the prior administrative appeal (application for reconsideration or appeal to a higher authority). This means that, if the administration upholds its decision after examining your appeal, you will have a further period of two months to lodge an appeal with the courts. Note that the Administration has four months to respond to your appeal or application. If you do not receive a reply within four months, your appeal will be considered rejected and you will then have two months to lodge a judicial appeal.

Appealing to the High Commissioner is an alternative conflict resolution method, which involves seeking to find an amicable resolution to a dispute. The fact that the High Commissioner exists reflects the State's commitment to finding a peaceful, fair and balanced solution to every situation. For this reason, although the High Commissioner does not have the power to enforce recommendations, the majority of cases handled in this way are resolved. Where a disagreement persists, however, your case can only be resolved ultimately by the courts. For this reason, where your complaint relates to an administrative act and has a time-limited appeal window, you will be advised to lodge an appeal (administrative or judicial) regardless, in your own interests and for protective reasons. It is important to note that referral to the High Commissioner does not affect the appeal deadlines. If you lodge an appeal with the courts after referring your case to the High Commissioner, the High Commissioner will continue to examine your case and seek reconciliation until the court has issued its ruling.

The High Commissioner's role is to assist public service users. It does not intervene in internal working disputes between administrative authorities themselves, or between administrative authorities and civil servants or agents, except where such cases involve discrimination. It does not have the authority to intervene in matters such as working conditions, career management and discipline. However, the High Commissioner has the power to intervene in employment priority matters, if the grievance relates to an appointment where the law governing priority of employment may have been violated. It may also intervene in matters relating to access to social welfare benefit and family services, as well as cases involving the administrative situation of civil servants or agents who have left their post.