Dispute with the administration: interim measures

Interim measures of protection are an urgent procedure that allows you to ask the judge to order one or more measures to safeguard your rights, even before the administration has taken a decision. For example, to ask the administrative judge to order the administration to provide you with a document you will need to defend yourself in case of litigation.

But if the administration has already made a decision, the judge hearing the application for interim measures cannot take a measure to prevent the execution of the decision.

If you want to prevent the immediate execution of the decision that was made by the administration, you must to make an application for interim measures.

In order to make an interim measure of protection, you must demonstrate that all the following conditions are met:

• There is an urgent need to take the action requested (e.g., in the run-up to a deadline for filing an appeal)
• The measure is useful and necessary (e.g. whether the requested document must be attached to the appeal)
• The administration (State service, municipality, public establishment, etc.) has not yet taken a decision on the case in question.

The situation varies depending on the type of litigation for which you are requesting appropriate action.

If the main dispute is one for which you need to hire a lawyer (for example, a dispute related to contesting a disciplinary sanction), you also need to hire a lawyer for the interim protection procedure.

If the main dispute is one for which the assistance of a lawyer is not obligatory (for example, a dispute related to the application of a contract with the administration), you must not take a lawyer for the interim protection procedure either.

However, the advice of an administrative lawyer can be useful in a complex case.

To make a conservatory application, 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 (specification of the measures requested)
• Statement of Facts
• Arguments demonstrating the urgency and validity of your request (usefulness of the measures requested, absence of decision of the administration)

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 of an urgent nature (for example, if the deadline for filing an appeal has already passed)
• Query is obviously outside the jurisdiction of the administrative judge (for example, if the challenge of the future decision is to be brought before the court)
• Query is obviously inadmissible (e.g. if you request suspension of the execution of an administrative decision)
• Query is obviously unfounded (for example, if you do not use any means to demonstrate that the requested action is useful and necessary)

Within the framework of the adversarial procedure, the judge hearing the application for interim measures 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 reaching its decision, the judge hearing the application for interim measures will examine whether the measures sought can prevent damage from occurring, or whether the measures can limit the aggravation of damage that has already occurred.

The judge hearing the application for interim measures shall give a ruling within a period of days to one month after the hearing.

If the judge hearing the application for interim measures accepts your request, he takes a decision requiring the administration to comply with the measures ordered.

The decision must be notified to you, the administration and, if necessary, the other interested parties.

For example, if the judge has ordered an injunction to transmit a document, the administration must carry out the order, providing you with the document.

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, it is compulsory to be represented by a lawyer in the Council of State and the Court of Cassation.