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Dispute with the Administration: referenced-suspension

Verified 03 novembre 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.

The interim suspension is an emergency procedure. You can use it to ask the judge to prevent the immediate execution of an administrative decision that you find illegal. The emergency judgment is provisional, pending a decision on the merits. The request for a temporary stay must be addressed to the administrative court. It is not mandatory to have a lawyer. The judge decides between a few days and a month.

The interim suspension allows to obtain the suspension of the execution of a decision taken by the administration and which is unfavorable to you.

Example :

  • Prohibition of a performance or demonstration
  • Administrative closure of an establishment
  • Order to leave the territory for a foreigner

The decision on the interim suspension is taken by the judge of the interim orders. Its effect shall cease when the judge has decided on the merits.

In order to use the interim suspension, you must meet the following 3 conditions:

  • Have previously filed a query annulment or modification of the decision whose suspension you are seeking
  • Justify the urgency of suspending the execution of the decision (e.g. expulsion decision)
  • Demonstrate that there are serious reasons to believe that the decision is illegal

  Warning : emergencies are assessed differently depending on the situation.

The request must be marked Referral and specify the following:

  • Purpose of application (e.g. suspension of a decision on a building permit)
  • Statement of facts
  • Arguments showing the illegality of the administrative decision and the urgency of your request

You must attach the following parts to your query:

  • Copy of the application you made to have the decision annulled
  • Copy of the decision concerned

The assistance of a lawyer is not required. However, it may be useful to seek legal advice from a lawyer specialized in public law.

Who shall I contact

Online

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

Citizen's Remedies (appeal to the administrative judge)

Council of State

On site

The query may be filed with transplant the court concerned. On the envelope, you must indicate Referee..

By mail

The query can be sent to the court registry by courier preferably with RAR.. On the envelope, you must indicate Referee..

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

The filing of the application for interim suspension is free of charge.

However, the procedure may lead to charge..

Depending on your income, you may be entitled to legal aid..

The request is processed in an accelerated manner.

The judge may reject the application directly by order delivered without a hearing in the following 2 cases:

  • The application shall not be of an emergency nature
  • The application is inadmissible or ill-founded

In other cases, the judge shall communicate the request to the administration and to all persons concerned so that they may defend themselves. It shall fix as soon as possible the date and time of the hearing and shall inform the parties thereof. You may be summoned by any means, including by telephone. The parties may present their arguments at the hearing.

The judge of the referees shall take a decision within 48 hours and 1 month after the hearing. This period may be exceeded if the case so requires.

The Referral Order is notified without delay. It shall also be notified to the other parties to the case.

Remedies and time limits are indicated in the letter of notification of the decision of the judge of referees.

Call is not possible. However, you can form a cassation appeal before the Council of State in 15 days.. The Council of State must decide as soon as possible.

Before the Council of State, it is mandatory to have a lawyer.

  Please note : the administration may also appeal to the court of cassation.