Does the interim procedure exist before the Administrative Court?
Verified 21 April 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Proceedings before administrative courts
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, the interim order exists before the administrative court. It is an accelerated procedure which results in a rapid, but provisional decision.
You can use this procedure to ask the administrative judge to take urgent action to preserve your rights or property in the context of a conflict with the administration.
As referred to the civil judge, the administrative summary cannot be used to settle the dispute definitively. A main trial, already under way or to come, must take place to settle the dispute definitively.
There are several types of references:
- Referrals related to the emergency (suspension, freedom, conservatory)
- Referees exempted from the emergency condition (statement, instruction, provision)
In all cases, you can deposit query to the court registry or send it (by mail) RAR: titleContent preferably). You must indicate "referenced" on the query and on the envelope.
Who shall I contact
- Code of Administrative Justice: Articles L511-1 to L511-2Referee Judge
- Code of Administrative Justice: Articles L521-1 to L521-4Powers of the Judge of the Referees
- Code of Administrative Justice: Articles R522-1 to R522-14Procedure
- Code of Administrative Justice: Articles R523-1 to R523-3Remedies
- Taking legal action against the administrationService-Public.fr
- Administrative Disputes: administrative appeal, rights defenderService-Public.fr