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Taking legal action against the administration

Proceedings before administrative courts

Published on 19 November 2020

Since 20 November 2020, the administrative courts may amend the rules of procedure applicable to the cases they deal with, to allow them to continue their activity 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 or electronic means of telecommunication
  • Possibility for judges to participate in the hearing remotely
  • Use of the procedure without an interim hearing
  • Use of the procedure without a hearing in certain cases for disputes relating to the right to lodging
  • Exemption from reading of decisions rendered in an emergency in the case of removal of foreigners

These possibilities for amending the rules of procedure are provided for in Order No. 2020-1402 of 18 November 2020 and Decree No. 2020-1406 of 18 November 2020 . They shall cease on the day of the end of the health emergency, i.e. on the 1to June 2021.

Where a dispute involves administration, the competent courts are the administrative courts, the administrative courts of appeal and, as a last resort, the Council of State. In some cases, specialised administrative courts intervene. The exchange of arguments is done in writing prior to the hearing. In situations where urgent intervention by the judge is required, the interim order provides a rapid response to protect the rights and freedoms of the applicant.