Stay of Execution

A stay of execution is the suspension of implementation of an administrative act during administrative proceedings (Administrative Procedure Law No. 2577, Art. 27). It is the administrative law equivalent of an interim injunction in civil proceedings.

Conditions

Both conditions must be met:

1. Implementation of the act would cause irreparable or hard-to-repair harm,
2. The act is manifestly unlawful.

The court must give reasons. As a rule, the decision is made after the authority’s defence is received; if the harm is too urgent to await the defence, a stay may be granted without it.

Security

A stay is generally granted against security. No security is required from public authorities or persons receiving legal aid; the court may also waive security where circumstances require.

Objection

Decisions granting or rejecting a stay may be challenged once within seven days of service.

Use in Business

• Licence revocation, suspension of activity and exclusion from tenders,
• High-value administrative fines by regulatory authorities,
• Competition Board decisions imposing behavioural or structural remedies.

Since harm from a fine is often considered repairable, a stay is hard to obtain for fines; it is granted more often for acts affecting the business’s operations.

For annulment actions, see Annulment Action. For remedies against administrative fines, see Challenging Administrative Fines.