Investigation and Trial Procedures
Explanation
The rapporteur (le rapporteur) undertakes the management of the investigation phase in the lawsuit. The rapporteur determines the form of the investigation and draws inspiration from the principles of the Code of Civil Procedure without being obligated to apply them literally. He must ensure that the investigation is complete and impartial, while respecting the right of defense (les droits de la défense).
The rapporteur has the authority to take the necessary measures to collect evidence, whether on his own initiative or at the request of the litigants. These measures include appointing experts, hearing witnesses after taking the oath, and interrogating individuals. He can also request reports from public administrations and summon employees for clarification.
The decisions of the rapporteur are not subject to reasoning, and are notified to the litigants. These decisions can be appealed before the Chamber within five days, provided a deposit of fifty liras is made. The Chamber decides on this appeal within eight days, and the rapporteur himself participates in issuing this judgment.
Upon the conclusion of the investigation, the rapporteur prepares a report summarizing the case, the facts, the legal points, and his personal opinion. This file is referred to the government commissioner (le commissaire du gouvernement), who prepares his written pleading and in turn refers the file to the president of the Chamber.
The litigants are invited to review the report and the pleading through a statement published in the Official Gazette and posted on the door of the Council's registry. The litigants are granted a time limit of one month from the date of publication to submit their written observations.
A panel composed of a president and two members, one of whom is the rapporteur, undertakes the examination of the lawsuit. The panel deliberates in secret and issues its decision unanimously or by majority in a public hearing. The judgment must be issued within a maximum time limit of three months from the date of the expiration of the time limit for submitting observations.
Official legal articles
replace · 1980-10-09: Open the official text
Think deeper
Why do you think the law gave the rapporteur the freedom not to strictly adhere to the Code of Civil Procedure, while simultaneously obligating him to respect the right of defense?
Flashcards
Is the rapporteur obligated to apply the Code of Civil Procedure literally in the investigation works?
No, he only draws inspiration from its principles without being obligated to strictly adhere to them.
What is the time limit for appealing the decisions of the rapporteur before the Chamber, and what is the financial condition for that?
The time limit is five days, and the financial condition is the deposit of fifty liras.
Must the rapporteur provide reasoning for the decisions he takes during the investigation?
No, the decisions of the rapporteur are not reasoned.
What must the report prepared by the rapporteur upon the conclusion of the investigation include?
It includes a summary of the case, the facts, the legal points that must be resolved, and the opinion of the rapporteur.
How are the litigants notified of the completion of the report and the pleading to submit their observations?
By means of a statement containing the names of the litigants and the lawsuit numbers, published in the Official Gazette, and a copy of which is posted on the door of the registry of the State Council.
What is the time limit given to the parties to submit their written observations regarding the report and the pleading?
A time limit of one month from the date of publishing the statement in the Official Gazette.
What is the maximum time limit for issuing the judgment after the expiration of the time limit for submitting observations?
A maximum of three months.
Practice questions
Who refers the file to the president of the Chamber after the conclusion of the investigation and the preparation of the report?
The government commissioner reviews the papers and then refers them to the president of the Chamber attached with his written pleading (Article 88).
How does the governing panel make its decision in the lawsuit?
The governing panel deliberates in secret and makes its decision in the lawsuit unanimously or by majority (Article 89).
Does the rapporteur participate in the judgment when his decisions are appealed before the Chamber?
The Chamber decides on the appeal submitted against the decisions of the rapporteur, and the latter participates in the judgment (Article 86).
What is the procedure followed to invite the litigants to review the report and the pleading?
The invitation is made by a statement published in the Official Gazette, and a copy is posted on the registry door (Article 88).
Does the rapporteur have the right to summon employees from public administrations?
The rapporteur has the right to summon competent employees to clarify technical and material aspects related to the lawsuit (Article 85).
Case problems
The rapporteur issued a decision appointing an expert in an administrative lawsuit without providing reasoning for his decision. One of the litigants objected and requested to appeal the decision before the Chamber after seven days had passed since his notification, and he did not deposit any financial amount. Does the rapporteur have the right not to provide reasoning for his decision? And is the litigant's appeal accepted?
Model answer
Yes, the rapporteur has the right not to provide reasoning for his decision. The decisions taken by the rapporteur are not reasoned (Article 86).
As for the appeal, it is not accepted for two reasons. The first relates to the time limit, as the time limit for appeal before the Chamber is only five days (Article 86), whereas the litigant submitted his appeal after seven days.
The second reason relates to the financial condition, as the law requires the deposit of fifty liras to accept the appeal (Article 86), which the litigant did not do.
Self-grading rubric
The rapporteur concluded his investigation and prepared his report. A statement was published in the Official Gazette on October 1 inviting the litigants to review the report and the pleading. On November 15, the lawyer of one of the litigants submitted his written observations. Does the lawyer have the right to submit the observations on this date? And what is the maximum time limit for issuing the judgment in this lawsuit?
Model answer
The lawyer does not have the right to submit his observations on November 15. The litigants and their lawyers may submit their written observations within a time limit of one month from the date of publishing the statement in the Official Gazette (Article 88).
Since the publication took place on October 1, the time limit expires on November 1, and therefore the submission came late.
Regarding the issuance of the judgment, the decision is pronounced in a public hearing within a maximum time limit of three months from the date of the expiration of the time limit given to the parties to submit their observations (Article 89).