Summary Administrative Jurisdiction
Explanation
The law regulates administrative summary justice to protect rights before deciding on the merits of the dispute. The President of the State Consultative Council or the President of the Administrative Court has the right to appoint an expert [expert] to inspect facts that may cause a judicial review. This appointment must be made within one week of the request and the litigants are notified to attend the inspection.
In urgent cases, the judge may take provisional and precautionary measures [mesures conservatoires] to preserve rights and prevent damages before submitting the review. It is required that the judge does not prejudice the merits of the right [le fond du droit]. The law expressly prohibits the summary judge from taking any measure that suspends the execution of an administrative act.
The judge may compel the adversary to pay a financial advance [provision] to the plaintiff. This requires filing a lawsuit on the merits, the existence of serious and important grounds, and providing a bank guarantee [caution bancaire] that ensures the return of the advance with compensation if necessary. Summary decisions do not possess the authority of res judicata [autorité de la chose jugée] and can be modified when new circumstances arise.
Summary justice also intervenes in public procurement [marchés publics]. The President of the Administrative Court may be petitioned before the conclusion of the contract in the event of a breach of the obligations of advertising and competition. The judge has the authority to suspend the signing of the contract, annul decisions, or delete violating clauses prepared for inclusion in the contract.
The administrative judiciary does not accept lawsuits from individuals except in the form of a review against a decision issued by an administrative authority [décision préalable]. If the authority does not issue a decision, the concerned party must submit a formal request. The silence of the administration for two months is considered an implicit decision of rejection [décision implicite de rejet], with the exception of deliberative bodies that convene in sessions, and requests subject to longer legal time limits.
Official legal articles
replace · 1993-10-14: Open the official text
replace · 2000-06-29: Open the official text
replace · 2000-06-29: Open the official text
Think deeper
How does prohibiting the summary judge from suspending the execution of an administrative act align with the principle that a review must be directed against a decision issued by the administrative authority?
Flashcards
What is the time limit specified for the judge to appoint an expert after receiving the request of the concerned party?
One week from receiving the request.
Does the administrative summary judge have the right to suspend the execution of an administrative act?
The summary judge does not have the right to take measures or procedures that would suspend the execution of an administrative act or a part of it.
What is the time limit granted to the litigants to respond to summary requests and financial advances?
A time limit ranging between twenty-four hours and one week from the date of being notified of the request.
What is the time limit for objecting to a summary decision before the competent chamber?
Eight days from the date of notification.
When is the silence of the administration regarding the request of the concerned party considered an implicit decision of rejection?
If the authority does not answer it within a period of two months from the date of receiving the request, with some exceptions.
Can summary decisions be modified after they are issued?
Yes, they can be modified or revoked upon the request of one of the parties if new circumstances arise that justify this because they do not possess the authority of res judicata.
Practice questions
What is the fate of the expert's report if they are appointed contrary to the legal procedures specified for appointing experts before filing a review?
A report prepared by an expert appointed contrary to the procedures is considered null and void and is not accepted by the administrative judiciary (Article 66).
Which of the following conditions is mandatory for the administrative judge to rule for a financial advance for the concerned party?
The law requires that the applicant for the advance must have filed a lawsuit on the merits, and that their review is based on serious and important grounds in exchange for providing a bank guarantee (Article 66).
How is the objection to a summary decision taken by the administrative judge adjudicated?
The objection is adjudicated in the deliberation room by a separate decision within one week without following any other procedures, and the rapporteur participates in the judgment (Article 66).
Who has the right to petition the President of the Administrative Court in the event of a breach of the obligations of advertisement and providing competition in public procurement?
The persons qualified to litigate are those with an interest in concluding the contract who could be harmed, as well as the state representative in the concerned administration (Article 66).
What is the exception to the rule considering the silence of the administration for two months as an implicit decision of rejection?
Deliberative bodies that convene in specific sessions are excepted, as the two-month time limit is extended until the conclusion of the first session held after the submission of the request (Article 68).
Case problems
The municipality issued a decision to demolish a wall owned by Salim. Salim submitted a request before the administrative summary judge asking to take an urgent measure to suspend the execution of the demolition decision until the merits of the dispute are decided, justifying this by the severe damage that will befall him.
Model answer
The summary judge must reject Salim's request to suspend the execution of the demolition decision.
The law grants the summary judge the authority to take provisional and precautionary measures to preserve rights (Article 66).
However, the text expressly prohibits the summary judge from taking measures that suspend the execution of an administrative act (Article 66).
Since the demolition decision is an administrative act, the summary judge does not have the authority to suspend its execution.
Self-grading rubric
A company submitted a request to a competent ministry to obtain a license. After two months and one day passed without receiving any answer, the company filed a lawsuit before the administrative judiciary to appeal the implicit decision of rejection. It turned out that deciding on this type of license is subject to consecutive legal time limits totaling three months. Is the company's lawsuit admissible?
Model answer
The company's lawsuit is inadmissible because it was filed prematurely.
The silence of the administration for two months is considered an implicit decision of rejection (Article 68).
However, the law sets an exception if deciding on the request is subject to legal time limits exceeding two months (Article 68).
In this case, the silence of the administration is not considered an implicit decision of rejection until after the expiration of these time limits.
Since the legal time limits for the license amount to three months, the implicit rejection is realized after they pass.
Self-grading rubric
A public institution announced a tender. Before the conclusion of the contract, one of the participating contractors noticed the existence of a clause in the book of conditions that violates the obligations of providing competition. The contractor submitted a review before the President of the Administrative Court requesting the deletion of this clause. Does the President of the Court possess this authority?
Model answer
Yes, the President of the Administrative Court possesses this authority.
It is permissible to petition the President of the Administrative Court upon a breach of the obligations of advertising and providing competition in public procurement (Article 66).
The law allows submitting this review before the conclusion of the contract.
The law grants the judge the authority to delete clauses prepared for the contract that violate the aforementioned obligations (Article 66).
Since the contractor has an interest and submitted his request before the conclusion of the contract, the judge has the right to delete the violating clause.