How to enforce a decision of the administrative judge?
Verified 21 April 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Proceedings before administrative courts
Published on 19 November 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.
If the administration does not implement a decision of the administrative judge, you can take steps to obtain his execution. The procedure varies depending on whether or not the decision concerns the payment of a sum of money.
Payment of money
If the administrative judge orders a public body to pay a sum of money, the payment must be made within 2 months of the notification of the decision.
If it is the State
If the State has not paid in time, you can ask the Treasury of your department to pay the sum due. You must attach notification of judgment RIB: titleContent and proof of identity (identity card, passport, etc.). The Public Treasury Accountant must make the payment. Check with your home tax office before you can make a claim, whether it can be filed on site, sent by mail or mail.
Who shall I contact
If it is a territorial community
If the 2-month period is not respected, you can ask the prefect to pay the amount due. You must attach notification of judgment RIB: titleContent and proof of identity (identity card, passport, etc.). The prefect must make the payment. Ask the prefecture in advance if your request can be filed on site, sent by mail or mail.
Who shall I contact
If it is a public establishment
If the 2-month period is not respected, you can ask the guardianship authority of the public institution to pay the sum due. You must attach notification of judgment RIB: titleContent and proof of identity (identity card, passport, etc.). The guardianship authority shall make the payment. Ask this authority in advance if your request can be filed on site, sent by mail or mail. The public institution may provide you with the contact details of its supervisory authority if you do not have them.
You can apply for assistance in enforcing the judgment. This written request must be filed on site or sent by mail RAR: titleContent at the registry of the court that made the decision (administrative court or administrative court of appeal). In your application, you must indicate whether you wish to have a penalty.. You don't need a lawyer to apply.
The application for implementing aid may be submitted only after 3 months from notification the judgment, except in the following 2 cases:
- The decision contains an emergency measure. In this case, the 3-month period does not apply.
- The court set a deadline for the administration to execute the decision. In this case, you can submit your application only after this deadline.
Who shall I contact
- Code of Administrative Justice: Articles L911-1 to L911-10Enforcement of a decision of an administrative court
- Code of Administrative Justice: Articles R921-1 to R921-8Provisions applicable to administrative tribunals and administrative courts of appeal
- Code of Administrative Justice: Articles R931-1 to R931-9Provisions applicable to the Council of State
- Enforcement of decisions of the administrative judgeCouncil of State