WHAT HAPPENS IN THE ADMINISTRATIVE COURT PROCEEDINGS?

Proceedings before the Administrative Tribunal

Lawyers in Bastia, Lawyers in Corsica, Lawyers in administrative law

Visit administrative courtThe procedure takes place in 2 stages.

First, there is an investigation phase. This is used to gather the information needed to judge the case, followed by a judgement phase.

Until now, hearings have been conducted entirely in writing. However, since 11 January 2023, the administrative tribunal may hold oral hearings and hearings.

We take you through the stages of the proceedings before the administrative court.

I.- Investigation of the case (Proceedings before the Administrative Tribunal)

The investigation begins as soon as the court registry (a court department made up of civil servants who assist magistrates in their work) has registered the application (a formal written document used to bring a case before a court).

The president of the court appoints a magistrate rapporteur to oversee the investigation. However, the case is examined by several magistrates.

The hearing is based on pleadings. A document in which a party (plaintiff or defendant) presents/argues a case.

-its submissions (what it is asking the judge to do)

-and the grounds (legal and factual arguments in support of them).

For example, a statement of defence for the defending party. These are written documents presenting the arguments of the 2 parties in an adversarial manner:

-the applicant

-and the defendant (Person against whom legal action is taken: the administration being challenged).

The application initiating the proceedings is communicated to the administration concerned. It submits observations in its defence. These observations are forwarded to the applicant so that it can respond with a reply.

The administrative tribunal may also organise an oral hearing or a hearing.

The oral hearing and the pre-trial hearing may provide an opportunity for an adversarial debate on the elements that are useful in deciding the dispute. These sessions do not concern the merits of the arguments put forward in support of the claim.

When the investigation is complete, the case is scheduled for a hearing.

The parties may submit their written submissions up to the date set by the order closing the hearing.

In the absence of an order, they have up to 3 clear days (a clear day lasts from 0:00 to 24:00) before the hearing. This period does not include public holidays, Saturdays or Sundays.

If the claimant is represented by a lawyer, the court will contact the lawyer via the Télérecours teleservice.

If the claimant is not represented by a lawyer and has filed his claim via the Télérecours citoyens teleservicethe court will communicate with him via this application.

In the event of an error in the wording of an attachment sent via the application, the attachment will not be taken into account when examining the dispute.

If, after the application has been lodged, the claimant sends a pleading or document to the court or tribunal by a means other than the application, the court or tribunal shall set a deadline for the claimant to return the document via the application. If the claimant fails to do so, the document will not be taken into account for the purposes of examining the dispute.

II - Notice of hearing

The date of the hearing is communicated to each party by registered letter with acknowledgement of receipt, or by e-mail. Télérecours citoyens teleservice at least 7 days before the hearing. In urgent cases, the deadline may be reduced to 2 days.

III - Conduct of the hearing

The Chairman opens the hearing and gives the floor to the rapporteur to present the case.

The rapporteur outlines the substance of the claim and presents the arguments of each of the parties (exchange of briefs, oral hearing, hearing).

With the exception of certain disputes, the public rapporteur (Magistrate of an administrative court responsible for giving an independent assessment of the facts, the applicable law and his opinion on the solution to be given to the dispute) presents his conclusions to the judges and proposes the solution that seems most appropriate.

The chairman asks the parties or their lawyers if they have any oral observations to make. However, they may not develop any new arguments other than those they had already raised before the hearing.

At the end of the hearing, the case is taken under advisement.

It is not compulsory for the parties (the applicant and the administration concerned) to be present, but it is recommended.

IV - Deliberation and judgment (Proceedings before the Administrative Tribunal)

The judges debate outside the presence of the public rapporteur and parties.

They render their decision in open court approximately 15 days after the hearing.

The judgment is therefore reasoned, i.e. it sets out the reasons behind the judges' decision.

The judgment is notified (Formality by which a procedural act or a decision is brought to the attention of a person) to the parties by registered letter with acknowledgement of receipt or via the Télérecours citoyens teleservice.

V.- Appeals

The letter notifying the court of the judgement will indicate any appeals that may be lodged and the deadlines for doing so.

For certain disputes (e.g. disputes relating to the public broadcasting contribution), the court rules in the first and last instance.

The judgement cannot be appealed. However, there is no right of appeal, an appeal to the Supreme Court before the Conseil d'État is possible.

For other disputes, the administrative court of appeal may be seized (or in certain cases, the Council of State) for cancellation or modification within 2 months.

VI - Shortening of proceedings

In some cases, the dispute can be settled before the trial.

A.- No need to adjudicate

The plaintiff may therefore terminate the proceedings if he obtains satisfaction from the administration before the judgment is handed down. In this case, the court will dismiss the case.

The applicant must notify the court registry as soon as possible (in writing or by fax). Citizen hotline if the applicant is not represented by a lawyer and has used this teleservice to submit your application).

The decision must therefore not have been applied, even partially.

B.- Withdrawal

In this way, the plaintiff can waive the claim he has made in his application before the trial.

He may do so for any reason without having to justify himself. However, he must inform the court so that it can take note of his withdrawal.

The applicant must notify the court registry as soon as possible:

-in writing,

-or via the Citizen hotline if the application has not been filed through a lawyer.

Lawyers in Bastia, Lawyers in Corsica, Lawyers in administrative law