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Appeal to the Council of State

Verified 29 janvier 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

In some cases, the appeal against a first decision of the administrative judge is not made before an administrative court of appeal, but directly before the Council of State. In most cases, the appeal period is 2 months. The assistance of a lawyer is mandatory and the procedure is free. The decision rendered on appeal by the Council of State is yours notified after the hearing. It cannot be appealed, but only by way of opposition or review.

The appeal against the decision of administrative court is normally before the administrative court of appeal.

However, in some cases the matter must be referred to the Council of State.

This is the case for decisions concerning the following disputes:

  • Assessment of legality (when the Administrative Court has been referred to a court)
  • Dispute over municipal and departmental elections
  • Decisions referenced "freedom"

Appeal is not suspensive.

The decision which is the subject of the appeal must therefore apply, except as provided by law. For example, in the case of electoral disputes, the appeal is suspensive.

However, you may ask the Council of State to postpone the execution of the decision under appeal pending its judgement.

The assistance of a lawyer is only mandatory for appeal against a decision of referenced "freedom".

This is specified in the letter accompanying the notification of the judge's decision.

The chosen lawyer must be a lawyer at the Boards (also called lawyer at the Council of State and the Court of Cassation).

Online

You can submit your request via the online service Remedies citizens.

Citizens' telemedicine (appeal to the administrative judge)

Council of State

The appeal is made by a written request called query.

You must sign the request and provide your full name, first name and address.

It shall specify:

  • Purpose of the application (for example, rescinding a decision)
  • Statement of facts (date of decision, identity of author and circumstances in which decision was taken)
  • Arguments to support your claim

If you wish to file the appeal via the online service Citizen's Remedies, please consult the brochure explaining the procedure and the documents to be provided .

You must send the following electronically:

  • Query: the identification in the application Telemetry is the identification in the request and the signature
  • Signature of other applicants, if you make the request on behalf of more than one person
  • Mandate registered in the Application Remote Appeal, if you file the request on behalf of a third party
  • Attachment files: one file per part, with a label that has a serial number
  • Attachment inventory, with a title that describes the contents of each attachment clearly and explicitly, unless you are using the Remote online service Auto Inventory

On site

The query may be filed at the Registry of the Council of State in as many copies as the parties to the dispute.

The appeal is made by a written request called query.

You must sign the request and provide your full name, first name and address.

It shall specify:

  • Purpose of the application (for example, rescinding a decision)
  • Statement of facts (date of decision, identity of author and circumstances in which decision was taken)
  • Arguments to support your claim

You must attach the following documents to your query:

  • Copy of the contested decision
  • Copies of supporting documents needed to resolve the dispute

By mail

The query can be sent by mail preferably with RAR to the Registry of the Council of State in as many copies as parties to the dispute.

The appeal is made by a written request called query.

You must sign the request and provide your full name, first name and address.

It shall specify:

  • Purpose of the application (for example, rescinding a decision)
  • Statement of facts (date of decision, identity of author and circumstances in which decision was taken)
  • Arguments to support your claim

You must attach the following documents to your query:

  • Copy of the contested decision
  • Copies of supporting documents needed to resolve the dispute

  Please note : if you are represented by a lawyer, they must use the application Remedies to submit your request.

You do not have to pay to bring the appeal.

But if you take a lawyer, you have to pay his fees. Depending on your income, you may be entitled to legal aid.

The time limit for appeal is indicated in the notification of the contested decision.

Metropole

You must appeal within 2 months of notification of the Administrative Court judgement except for the following:

  • On elections: 1 month
  • Referee: 15 days

Overseas

You must appeal within 2 months of notification of the Administrative Court judgement except for the following:

  • On elections: 1 month
  • Referee: 15 days

An additional 1 month distance is provided.

Foreign

You must appeal within 2 months of notification of the Administrative Court judgement except for the following:

  • On elections: 1 month
  • Referee: 15 days

An additional 2-month distance is provided.

  FYI : an appeal period of less than 2 months must be mentioned in the notification judgement. Otherwise, the time limit is 2 months.

The Council of State reconsiders the case decided by the court. He first gathers all the elements that allow him to decide, and then he holds a hearing to decide the case.

Statement

The investigation allows the Council of State to collect all the elements necessary for the judgement of the case, including:

  • Admissibility of the request (respect of the time limit for appeal, signature of the request, assistance of a lawyer, etc.)
  • Arguments in support of the appeal request
  • Arguments of the opposing party
  • Legal issues raised by the dispute
  • Evidence (provided by the parties or gathered by the court)

During the investigation, the court can question you in writing, as it can question your opponent.

Since 19 November 2020, the Council of State may organise an oral hearing or an investigative hearing.

The oral hearing and the hearing can allow you to have a contradictory debate with your opponent on the elements that are useful for resolving the dispute. These sessions do not address the merits of the arguments in support of the request.

From 20 November 2020, the administrative courts may amend the rules of procedure applicable to the cases they deal with, to allow them to continue their activity 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 or electronic means of telecommunication
  • Possibility for judges to participate in the hearing remotely
  • Use of the procedure without an interim hearing
  • Use of the procedure without a hearing in certain cases for disputes relating to the right to lodging
  • Exemption from reading of decisions rendered in an emergency in the case of expulsion of aliens

These possibilities to modify the rules of procedure will cease on the day of the end of the health emergency, that is, on 16 February 2021.

Decision

Once the investigation is completed, the State Council sets a hearing date for the case.

You or your lawyer will be notified of the hearing date by mail RAR or via the Remote online service.

At the end of the hearing, the case is put into deliberate.

The decision can be made available to you at the Registry or you notified some time after the hearing. In the case of a temporary "liberty", the judge must decide within 48 hours.

  FYI : since november 19, 2020, your lawyer can make oral observations after the public rapporteur's findings have been delivered.

Remedies and time limits for appeals shall be indicated in the notification letter of the decision of the judge.

You may appeal against an appeal decision of the Council of State by: