Dispute with the administration: interim relief-suspension

Interim suspension is a procedure that allows you to ask the administrative judge to suspend the execution of an administrative decision that is unfavorable to you, and whose legality you dispute.

An application for interim relief may relate to a decision of the administration ordering something (decision to close an establishment administratively) or against a decision of the administration refusing something (refusal of authorization to carry out a regulated activity).

The judge hearing the application for interim measures may order the suspension of the implementation of the contested decision, but on a provisional basis.

The suspension ceases to have effect when a decision is taken on the substance of the dispute (legality of the decision).

In order to invoke interim relief-suspension, you must meet all of the following conditions:

• To have previously filed a request for annulment or alteration of the decision for which you are seeking suspension
• Justify the urgency of suspending the execution of the decision (for example, if a decision must be rendered before the scheduled flight time for the expulsion of a foreigner)
• Demonstrate that there are substantial grounds for believing that the decision is unlawful (e.g. if the decision is made by an officer who does not have the authority to make such a decision)
• Demonstrate that the decision is not fully implemented (for example, if the decision orders the demolition of a building, the demolition must not have been completed)

It is not mandatory to hire a lawyer to file an application for interim relief. But if you wish, you can get advice from a lawyer. In this case, it is advisable to choose a lawyer specialized in public law.

To make a proxy-suspension, you must send a request to the judge hearing applications for interim measures of the Administrative Court.

The request shall bear the indication "interim" and shall include the following:

• Subject matter of the request (details of the decision for which suspension of enforcement is requested)
• Statement of facts (clarification on the failure to implement the decision definitively)
• Arguments demonstrating the illegality of the administrative decision and the need for an urgent decision by the judge hearing the application for interim measures

You must attach the following documents to your request:

• Copy of your application for annulment of the decision
• Copy of the decision concerned

The way to file the application depends on whether you have a lawyer or not:

You don't have to pay to appeal to the administrative judge.

But if you hire a lawyer, you have to pay his fees.

Depending on your income and the value of your wealth, you may be able to benefit from legal aid.

You can also ask the court to order the administration to reimburse you for your legal fees.

The request shall be dealt with expeditiously in accordance with a procedure contradictory written or oral, before the judge hearing the application for interim measures takes his decision.

However, the judge hearing the application for interim measures may dismiss the application by order, without debate and without hearing in the following cases:

• The request is not urgent (e.g. if the decision has already been executed)
• Query is obviously outside the jurisdiction of the administrative judge (for example, if the challenge of the decision is to be brought before the court)
• Query is obviously inadmissible (for example, if you have not brought an action for annulment of the decision)
• Query is obviously ill-founded (for example, if you do not raise any ground (legal argument) in support of your application for interim relief or in support of your action for annulment)

In the context of the inter partes procedure, the judge hearing the application must communicate the application to the administration and to all the persons concerned so that they can defend themselves.

The judge shall fix the date and time of the hearing as soon as possible and shall inform the parties thereof.

You can be summoned by any means, including by telephone.

The parties may present their arguments at the hearing.

In making his decision, the judge hearing the application for interim measures will check whether you have raised arguments that suggest, at the stage of the investigation, that there is a serious doubt on the legality of the decision.

The judge hearing the application for interim measures shall give a decision within 48 hours to 1 month after the hearing.

This period may be exceeded if the complexity of the case so requires.

The order for interim relief is notified without delay. It shall also be notified to the other parties to the case.

If the judge hearing the application for interim measures orders the suspension of the enforcement of a decision, that decision shall not be enforced. For example, if a show is banned, the event can take place.

In the case of a decision to refuse, the judge hearing the application for interim measures must specify whether he orders the administration to provisionally accept the application on which the refusal is based. For example, in the case of suspension of a refusal of stay accompanied by an order to leave the territory, the judge hearing the application for interim measures must specify whether he orders the administration to issue you a provisional residence permit or not.

You may also expressly request the judge hearing the application for interim measures to issue, at the same time as the suspension, one or more injunctions against the administration. For example, if you are requesting the suspension of a refusal of an establishment's operating authorization, you can ask the interim relief judge to order the administration to issue you the authorization or to reconsider your application.

The issuance of a stay order results in a more expeditious resolution of the substantive issue (action for annulment).

The judge's decision on the application for interim measures is the last resort, so you cannot appeal.

If you wish to challenge the decision, you must form a appeal on a point of law before the Council of State in the 15 days.

The Conseil d’État must take a decision as soon as possible.

Before the Council of State, you must be represented by a lawyer in the Council of State and the Court of Cassation.