Time Limits for Recourse
Explanation
Proceedings before the State Council begin by submitting a petition [requête] deposited at the registry of the Council. This petition must include basic information such as the name of the petitioner, their profession, and their place of residence, in addition to the subject of the review, the facts, and the legal grounds on which the lawsuit is based.
The law requires individuals to appoint a lawyer [avocat] to submit the review. The lawyer's signature on the petition is considered as the petitioner choosing a domicile at the lawyer's office. A legal stamp must also be affixed to the petition.
The petition must be accompanied by mandatory documents. These documents include certified copies of the petition equal to the number of adversaries, a copy of the contested decision, the lawyer's power of attorney, and a receipt for the payment of the fine where applicable.
The administrative authority enjoys special privileges when submitting its reviews. It is exempt from stamp duties, from paying the fine, and the law does not require it to appoint a lawyer to represent it before the Council.
The clerk registers the petition immediately upon receipt and gives it a sequential number. If a deficiency is found in the petition, the assistant counselor notifies the petitioner within one week. The petitioner is granted a time limit of fifteen days to rectify the deficiency, otherwise, the Council may declare the nullity of the petition [nullité de la requête].
If one of the adversaries dies, or the legal entity ceases to exist, or the representative dies, the course of the trial is suspended for one year, provided that the case is not ready for judgment. If the adversarial relationship is not corrected within this year, the Council may annul the petition in the council chamber [chambre du conseil].
Official legal articles
Think deeper
Why do you think the legislator exempted the administrative authority from appointing a lawyer and from paying the stamp duty and fine, and how does this reflect on the principle of equality before the judiciary?
Flashcards
Where must the review petition submitted by individuals be deposited?
It is deposited at the registry of the State Council.
What is the legal effect of the lawyer's signature on the petition?
It is considered as the client choosing a domicile at the lawyer's office.
How many certified copies must be attached to the petition?
A number equal to the number of adversaries in the lawsuit.
What are the exemptions that the administrative authority benefits from when submitting a review?
It is exempt from stamp duties, the fine, and from appointing a lawyer.
What is the time limit given to the petitioner to rectify the deficiency in the petition after being notified?
Fifteen days from the date of notification.
What happens if the representative of one of the adversaries dies and the case is not ready for judgment?
The course of the trial is suspended for one year.
Practice questions
Which of the following information must the review petition submitted by individuals include?
The law requires mentioning the petitioner's name, the petition's subject, the facts, and appointing a lawyer (Article 72).
How many certified copies of the petition must the petitioner attach?
The law requires attaching copies certified by the petitioner as true copies, equaling the number of adversaries (Article 73).
If a public administration submits a review before the State Council, what exemption does it benefit from?
Reviews by the administrative authority are exempt from stamp duties, fines, and appointing a lawyer (Article 74).
Who notifies the petitioner of the existence of a deficiency in the petition?
The assistant counselor supervising the administrative departments notifies the petitioner of the deficiency (Article 75).
What is the legal time limit to rectify the deficiency in the petition after notifying the petitioner?
The deficiency must be rectified within fifteen days of notification, under penalty of nullifying the petition (Article 75).
What does the Council decide if it learns of the cessation of the adversary legal entity and the case is not ready for judgment?
The course of the trial is suspended for one year if the legal entity ceases and the case is not ready (Article 75).
Case problems
Samir submitted a review petition before the State Council. Ten days after registration, the assistant counselor notified him of a deficiency in the petition for failing to attach a certified copy of the contested decision. Samir waited twenty days after the notification to submit the required copy. Does the Council accept this document and what decision can it take?
Model answer
The Council does not accept the document because the legal time limit has expired.
The assistant counselor notifies the petitioner of the deficiency in the petition (Article 75).
The petitioner must rectify this deficiency within fifteen days from the date of notification.
Since Samir waited twenty days, he has exceeded the specified time limit.
As a result, the Council may issue a decision declaring the nullity of the petition.
Self-grading rubric
The Ministry of Health submitted a review before the State Council through its Director General without appointing a lawyer and without affixing a legal stamp to the petition. The clerk requested the Ministry to appoint a lawyer and pay the stamp duty. Is the clerk's request legal?
Model answer
The clerk's request is illegal.
Reviews of the administrative authority are filed in accordance with the general rules governing individual reviews.
However, the law explicitly exempts the administrative authority from stamp duties, fines, and appointing a lawyer (Article 74).
Therefore, the Ministry of Health has the right to submit the review without a lawyer and without a legal stamp.
Self-grading rubric
While considering a lawsuit filed by a commercial company against a public administration, the company was liquidated and its legal existence ceased. The case was not yet ready for judgment. What must the State Council do, and what happens if a year passes without any action from the concerned parties?
Model answer
If the Council learns of the cessation of the adversary legal entity in the lawsuit, it suspends the course of the trial (Article 75).
The duration of the suspension is one year, provided that the case is not ready for judgment.
If this period expires and the concerned parties do not proceed to correct the adversarial relationship and pursue the lawsuit, the Council takes another measure.
The panel seized of the lawsuit may decide in the council chamber to annul the petition.