Appeal to the Council of State

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

General use of oral procedures for investigations before the administrative court

Published on 11 January 2023

Since January 11, 2023, oral investigation sessions and investigative hearings, which are being tested before the Conseil d'Etat, have become permanent before this court.

In addition, the 2 oral investigative procedures are extended to administrative tribunals and administrative courts of appeal.

These measures are provided for in decree no. 2023-10 of 9 january 2023 on oral proceedings before the administrative court.

Our page is being updated.

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 of charge. The decision on appeal by the Council of State is notified after the hearing. It cannot be appealed, but only by way of opposition or review.

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

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

This is the case for decisions concerning the following disputes:

  • Assessment of legality (where the administrative court has been seised by a court of law)
  • Dispute over municipal and departmental elections
  • Decisions of interim "freedom"

The appeal is not suspensive.

The decision which is the subject of the appeal must therefore apply, with the exceptions provided for by law. For example, in electoral litigation, the appeal is suspensive.

However, you can request in the appeal to the Council of State to postpone the execution of the decision that is the subject of the appeal, pending its judgment.

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

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

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

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Online

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

Citizens' teleappeal (appeal to the administrative court)

The call is made by a written request which is called request.

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

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision)
  • Statement of facts (date of decision, identity of author and circumstances in which it was taken)
  • Arguments on the merits of your request

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

You must submit the following electronically:

  • Query: Identification in the Telemedicine application is equivalent to identification in the query and signature
  • Signature of the other applicants, if you file the application on behalf of several persons
  • Warrant entered in the Telemedicine application, if you make the request on behalf of a third party
  • Attachment files: One file per attachment, with a label that includes a serial number
  • Attachment Inventory, with a title that clearly and explicitly describes the contents of each attachment, unless you are using the Automatic Remedy online service Inventory

On the spot

The request may be lodged at the Registry of the Council of State in as many copies as there are parties to the dispute.

Who shall I contact

The call is made by a written request which is called request.

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

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision)
  • Statement of facts (date of decision, identity of author and circumstances in which it was taken)
  • Arguments on the merits of your request

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute

By mail

The request can be sent by post preferably with RAR: titleContent at the Registry of the Council of State in as many copies as there are parties to the dispute.

Who shall I contact

The call is made by a written request which is called request.

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

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision)
  • Statement of facts (date of decision, identity of author and circumstances in which it was taken)
  • Arguments on the merits of your request

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute

Please note

if you are represented by a lawyer, he must use the application Remedy to forward your request.

You don't have to pay to make the appeal.

But if you hire 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 set out in the notification of the contested decision.

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Metropolis

You must appeal within 2 months of the notification of the administrative court judgment except for the following appeals:

  • Elections: 1 month
  • 15 days in the case of interim measures

Overseas

You must appeal within 2 months of the notification of the administrative court judgment except for the following appeals:

  • Elections: 1 month
  • 15 days in the case of interim measures

An additional distance period of 1 month is foreseen.

Foreigner

You must appeal within 2 months of the notification of the administrative court judgment except for the following appeals:

  • Elections: 1 month
  • 15 days in the case of interim measures

An additional distance period of 2 months is foreseen.

FYI  

an appeal period of less than 2 months must be stated in the notification of judgment. Otherwise, the deadline is 2 months.

The Council of State is re-examining the case before the court. First, he gathers all the elements that allow him to decide, and then he holds a hearing to try the case.

Instruction

The investigation allows the Conseil d’État to gather all the elements necessary for the judgment of the case, including:

  • Admissibility of the application (compliance with the time limit for bringing an action, signature of the application, assistance from a lawyer, etc.)
  • Arguments in support of the appeal
  • Arguments of the opposing party
  • Legal issues raised by the dispute
  • Evidence (provided by the parties or collected by the court)

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

Since November 19, 2020, the State Council has been able to hold an oral hearing or a pretrial hearing.

The oral hearing and the hearing can allow you to have an adversarial debate with your opponent on the elements that are useful to decide the dispute. These hearings do not concern the merits of the arguments put forward in support of the motion.

From 20 November 2020, administrative courts may amend the procedural rules 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 the parties by any means
  • Conduct of the hearing via an audiovisual telecommunication means or by electronic means
  • Possibility for judges to participate in the hearing remotely
  • Use of the procedure without an interim hearing
  • Use of the procedure without hearing in certain cases for litigation of the right to housing against third parties
  • Exemption from reading urgent decisions in disputes relating to the removal of foreigners

These options to amend the rules of procedure will end on the day of the end of the health emergency, November 15, 2021.

Decision

Once the investigation is over, the State Council sets a hearing date to try the case.

You or your lawyer are notified of the date of the hearing by mail RAR: titleContent or via the Remedy online service.

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

The decision may be made available to you at the Registry or may be made available to you notified sometime after the hearing. In the case of an application for interim measures "freedom", the judge must give a ruling within 48 hours.

FYI  

since 19 november 2020, your lawyer has been able to make oral submissions after the public rapporteur has delivered his or her opinion.

The remedies and time limits for appeal shall be set out in the letter of notification of the decision of the judge.

You can appeal a decision appealed by the Council of State in the following ways: