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Can an administrative court decision be reviewed?

Verified 01 April 2019 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Proceedings before administrative courts

Published on : 19 Nov 2020

From 20 November 2020, the administrative courts may amend the rules of procedure applicable to the cases they are handling, in order to allow them to continue their activities during the state of health emergency. Changes may include:

  • Possibility for courts to communicate with parties by any means
  • Conduct of the hearing by audiovisual means of telecommunication or by electronic means
  • Possibility for judges to participate in the hearing remotely
  • Use of the procedure without an interim hearing
  • Recourse to proceedings without hearing in certain cases in disputes relating to the right to lodging
  • Exemption from reading of urgent decisions in the case of expulsion of aliens

These possibilities for amending the rules of procedure are provided for in Order No. 2020-1402 of 18 November 2020 and decree n°2020-1406 of 18 november 2020 .. They will cease on the day of the end of the state of health emergency, that is, February 16, 2021.

Yes, but recourse review is reserved for decisions of the Council of State and only in one of the following 3 cases:

  • The decision was made on the basis of a play that turned out to be a forgery
  • A decisive document that would have enabled the sentenced party to prove his right was found after being held by the opposing party
  • The State Council erred in procedure

You must appeal within a period of time 2 months from the day that you become aware of the reason for review that you are citing. For example from the day you read a new decisive document.

The assistance of a lawyer in the Council of State is compulsory.

Who shall I contact

FYI  

a review may also be brought against a decision passed into force of res judicata an administrative court which does not fall under the Code of Administrative Justice. For example, against a decision of a regional board of auditors.