ADMINISTRATIVE LAW

As a rule, it is sixty days before administrative courts and the Council of State and thirty days before tax courts, running from written notification of the act. For some matters, such as public procurement or deportation, special laws set much shorter time limits.

An action for annulment seeks to set aside an unlawful administrative act. A full remedy action seeks compensation for material and moral damage caused by an act or omission of the administration. The two actions can also be brought together.

Yes. Where the administrative act is clearly unlawful and its implementation would cause damage that is difficult or impossible to remedy, a stay of execution can be requested from the court. The court may grant it subject to security.

If the administration does not respond within thirty days, the request is deemed rejected. An action can then be brought before the administrative court within the filing period running from the end of those thirty days.

No disciplinary penalty can be imposed without first taking the employee’s defence. Public servants may first object to the competent board and then file an annulment action before the administrative court; warnings and reprimands are also subject to judicial review.

Certain annulment and full remedy actions below a set value are now decided by a single judge. Appeal to the Council of State has been closed for cases heard by a single judge and for some others, such as foreigners and international protection disputes; the first-instance and regional appeal stages have therefore become even more decisive.