Key Benefits:
Publics concerned: Justiciables, lawyers, administrations, members of the Council of State, members of the administrative tribunals and administrative appeals courts and administrative court offices.
Subject: Change in the division of jurisdiction between administrative courts and reform of their functioning.
Entry into force: Immediate, subject to two exceptions: the provisions of Chapter I and Article 47 shall apply to requests registered from the first day of the second month following that of the publication; the provisions of Article 53 relating to statutory mobility and the detachment of administrative magistrates will enter into force on 1 January 2011.
Notice: The decree brings together several series of amendments to the Administrative Justice Code interesting to the State Council, administrative appeals and administrative courts. In the first place, it limits the powers of first and last jurisdiction of the State Council. This text renovates, in the second place, the procedures applicable both before the Council of State and before the administrative tribunals and the administrative courts of appeal by streamlining the organization of the expanded judgment formations, by revising the procedures for closing the investigation, by increasing the powers of the rapporteur in the first instance or on appeal and by improving the procedures of expertise. Finally, the decree makes various amendments concerning the inspection mission of administrative courts, the Superior Council of Administrative Courts and administrative appeals courts, and the administrative and budgetary management of administrative courts.
Reference : Le Administrative Justice Code modified by this decree can be accessed, in its drafting, on the website of Legifrance (http:// www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of State, Minister of Justice and Freedoms,
Vu le Administrative Justice Code ;
Vu le Decree No. 2007-1345 of 13 September 2007 amending Administrative Justice Code (regulatory part) ;
Vu le Decree No. 2008-15 of 4 January 2008 concerning the mobility and detachment of staff recruited by the National School of Administration;
Having regard to the advice of the Superior Council of Administrative Courts and Administrative Appeals Courts of 9 December 2009;
Having regard to the advice of the Special Joint Technical Committee on Administrative Court Registry and Administrative Courts of Appeal dated 10 December 2009;
The Council of State (Special Committee) heard,
Decrete:
I. ― Section R. 311-1 of the Administrative Justice Code is amended as follows:
1° The 2° is replaced by the following:
« 2° Appeals against the regulatory acts of Ministers and other national authorities and their general circulars and instructions; » ;
2° The 3° is replaced by the following:
« 3° Disputes concerning the recruitment and discipline of public officials appointed by decree of the President of the Republic pursuant to the provisions of Article 13 of the Constitution and Articles 1 and 2 of Order No. 58-1136 of 28 November 1958 on the organic law concerning appointments to civil and military employment of the State; » ;
3° The 4th is replaced by the following:
« 4° Appeals against decisions taken by the following authorities ' bodies under their control or regulation mission:
"– the French Doping Agency;
"the Authority for the Control of Insurance and Mutuals;
"the Autorité de la concurrence ;
"– the Autorité des marchés financiers;
"– the Authority for the regulation of electronic communications and posts;
" ― the Railway Transport Regulatory Authority;
"—the Nuclear Safety Authority;
"– the Energy Control Board;
“– the Banking Commission;
"the Committee of Credit Institutions and Investment Companies;
"—the Superior Council of Audiovisual Affairs;
"—the National Commission of Computer Science and Freedoms;
“—the National Commission for the Control of Security Interceptions; »
4° 5°, 6° and 10° are repealed;
5° The 7°, 8° and 9° respectively become the 5°, 6° and 7°.
II. Sections R. 311-2 and R. 311-3 are repealed.
III. ― In the last paragraph of article R. 312-10 of the same code, the words: "as mentioned in article R. 311-3" are replaced by the words: "against the decisions taken by the administrative authorities in the composition and election of the representative institutions of the staff, on the basis of the provisions of headings I, II and III of Book III of Part II of the Labour Code."
IV. ― In section R. 312-17 of the same code, the words: "subject to section R. 311-2" are replaced by the words: "against individual decisions taken against a natural or legal person by a sports federation in the exercise of its prerogatives of public power".
I. ― The first paragraph of section R. 312-1 of the Administrative Justice Code is supplemented by the following sentence:
"When the act has been signed by several authorities, the competent administrative court is the one in whose jurisdiction the first of the authorities referred to in this act has its seat. »
II. ― In chapter II, section 2, title I, of Book III of the same code, articles R. 312-18 and R. 312-19 are inserted as follows:
"Art. R. 312-18. - Disputes relating to the rejection of applications for entry visas in the territory of the French Republic under the consular authorities are within the jurisdiction of the administrative tribunal in Nantes.
"Art. R. 312-19. - Disputes that do not fall within the jurisdiction of any administrative tribunal pursuant to the provisions of Articles R. 312-1 and R. 312-6 to R. 312-18 are assigned to the Administrative Court of Paris. »
I. ― Section R. 121-3 of the Administrative Justice Code is replaced by the following provisions:
"Art.R. 121-3. - State counsellors in regular service, query masters and auditors may be assigned either to one or to two sections.
"However, the appellants and auditors with less than three years of service in an administrative court are assigned only to the litigation section.
"Deputy chairs and chairs of the sub-sections of the Litigation Section are also assigned only to this section. »
II. ― Section R. 121-4 of the same code is repealed.
Section R. 122-11 of the Administrative Justice Code is replaced by the following provisions:
"Art.R. 122-11.- Subject to the provisions of Article R. 122-12 and those of Article R. 122-17, the judgment of cases shall be entrusted to a sub-section or to two, three or four sub-sections together.
"The grouping of sub-sections in judgment training is set by order of the Vice-President of the Council of State, on the proposal of the president of the litigation section. »
Section R. 122-15 of the Administrative Justice Code is replaced by the following provisions:
"Art.R. 122-15.-The sub-sections brought together are chaired by one of the deputy chairs of the Litigation Section. They may also be presided over by the Vice-President of the State Council or the President of the Litigation Section.
"In addition to its president and the rapporteur, the trial includes:
« 1° The presidents of the sub-sections;
« 2° The assessors of the sub-sections or, where the sub-sections are four, the oldest assailant in his or her functions of each sub-section;
« 3° When the sub-sections are two or four, a state adviser belonging to the litigation section designated by the president of the dispute, outside the sub-sections that sit, according to a role tower established twice a year.
"The president of the sub-sections brought together is replaced, in the event of an incapacitation, by the president of the sub-section sitting under the 1st oldest in his office. When the sub-sections are four in number, the chair of a sub-section is replaced by the assailant of the oldest sub-section in his or her duties, who is replaced by the other assessor of the sub-section. »
Section R. 122-16 of the Administrative Justice Code is amended as follows:
1° The first paragraph is supplemented by the following sentence:
"When the sub-sections are three or four, they can only decide if at least seven members with a deliberate vote are present";
2° The first sentence of the second subparagraph reads as follows:
"The sub-sections brought together can only rule in odd numbers. »
Article R. 122-17 of the Administrative Justice Code:
1° The first paragraph is replaced by the following:
"The judgment of all cases within the jurisdiction of the Council of State shall be referred to the litigation section or to the assembly of the litigants at the request either of the Vice-President of the Council of State or of the President of the Division of Litigation, or of the President of the Formation of Judgment, or of the sub-section to the report of which the case is examined, sitting in the formation of public order."
2° The third paragraph is replaced by the following:
"The referral to the sub-sections of a case brought before the sub-section sitting in the formation of the judgment or the referral, before three or four sub-sections gathered, of a case brought before two sub-sections gathered, shall take place at the request of either the president of the formation of judgment, or the formation of judgment, or from the sub-section to the report of which the case is examined, sitting in public instruction of the trial »
Section R. 122-20 of the Administrative Justice Code is supplemented by a paragraph to read:
"The assembly of the contentious can only rule in odd numbers. When the members present at the session having a deliberative voice are in pairs, the assembly is supplemented by the oldest sub-section president in his duties not sitting under the 4th or 5th or, if not, by the oldest assailant in his duties. »
I. ― The first three paragraphs of section R. 611-20 of the Administrative Justice Code are as follows:
"The Chair of the Litigation Section divides business between sub-sections. It may, prior to this distribution, carry out the necessary training for the preparation of cases.
"Every sub-section is responsible for the investigation of the cases attributed to it. The rapporteur is designated for each case by the president of the subsection after the completion of the instruction measures provided for in Article R. 611-27.
"By derogation from the provisions of the first paragraph, the Chair of the Litigation Section may decide that the investigation of a case will be entrusted to the Litigation Section. In this case, it is up to him to designate the rapporteur and exercise the powers vested in this code to the sub-section responsible for the instruction. »
II. ― Section R. 611-30 of the same code is repealed.
I. ― The first paragraph of section R. 122-12 of the Administrative Justice Code is replaced by the following:
"The chair of the litigation section and the sub-section presidents may, by order:".
II. ― At 3° of article R. 822-5 of the same code, the words "and L. 522-3. are replaced by the words: ", L. 522-3, R. 541-1, as well as against orders denying applications submitted on the basis of chapter I of Book V title."
I. ― Section R. 221-4 of the Administrative Justice Code is replaced by the following:
"Art. R. 221-4. - The number of rooms in each administrative court is determined by order of the Vice-President of the State Council. »
II. ― The first sentence of section R. 221-6 of the same code is replaced by the following:
"The Administrative Court of Paris consists of chambers grouped in sections whose respective numbers are fixed by order of the Vice-President of the Council of State. »
III. ― Section R. 221-8 of the same code is replaced by the following:
"Art. R. 221-8. - The number of rooms in each administrative appeal court is fixed by order of the Vice-President of the State Council. »
In article R. 222-8 of the Administrative Justice Code, the words: "to the formations of judgment" are replaced by the words: "in the chambers" and the word: "training" is replaced by the word "bedrooms".
Section R. 222-19 of the Administrative Justice Code is amended as follows:
1° In the first paragraph, the words: "R. 222-20 and R. 222-21. are replaced by the words: "R. 222-19-1 and R. 222-20, and with respect to the Paris Administrative Court, in R. 222-21. » ;
2° In the second paragraph, the word "room" is replaced by the words "collegial formation of the room".
After article R. 222-19 of the Administrative Justice Code, an article R. 222-19-1 is inserted as follows:
"Art.R. 222-19-1.-For courts composed of more than two chambers, with the exception of the Administrative Court of Paris, judgments may be rendered by a formation of chambers presided over by the president of the court and including, in addition, the president of the chamber to which the rapporteur is assigned and, as the case may be, the president of another chamber and an assessor assigned to this chamber or the presidents of two other chambers and two judges. The assessors are taken in the order of the table.
"The grouping of the Trial Chambers is set annually by the President of the Court.
"When the composition so defined does not ensure the imparity of the formation of chambers gathered, it is supplemented by another magistrate of one of the chambers concerned, taken in the order of the table. »
The second paragraph of section R. 222-20 of the Administrative Justice Code is replaced by the following:
"For tribunals composed of more than two chambers, with the exception of the Administrative Court of Paris, judgments may be rendered by an expanded training presided by the president of the court, and including, in addition, the president of the chamber to which the rapporteur is assigned, the other Vice-Presidents of the court chosen, if applicable, in the order of the table, within the limit of three, of a judge of the board to which is assigned,
"When the composition so defined does not ensure the imparity of the enlarged training, it is supplemented by another judge taken in the order of the table. »
Section R. 222-21 of the Administrative Justice Code is replaced by the following provisions:
"Art.R. 222-21.-In the Administrative Court of Paris, judgments may be rendered by the following enlarged formations:
« 1° The plenary training presided over by the President of the Court and including, in addition, the Vice-President of the Court, the Section Chairs and the Rapporteur;
« 2° The formation of sections presided over by the president of the court and including, in addition, the president of the section to which the rapporteur is assigned, the president of another section, the vice-president of the presiding section of the chamber to which the rapporteur is assigned, two vice-presidents of the other section, taken, as appropriate, in the order of the table, as well as the rapporteur;
« 3° The section training that is chaired by the chair of the section and includes, in addition, the Vice-Chairs of the section, including the chair of the chamber to which the rapporteur is assigned, the others being, if any, taken, in the order of the table, within the limit of two, as well as the rapporteur.
"The grouping of the Trial Divisions is set annually by the President of the Court.
"Without prejudice to the application of the provisions of Article R. 222-22, where the compositions so defined do not allow for the imparity of the trial formation, it shall be supplemented by another judge taken in the order of the table. This magistrate belongs to the section or one of the two sections concerned, for the formation of section or the formation of sections assembled."
In the second paragraph of section R. 222-24 of the Administrative Justice Code, the words: "by a member of the body of the rank of councillor or first adviser taken in the order of the table and" are replaced by the words: "by an advisor or first adviser".
In article R. 222-25 of the Code of Administrative Justice, after the words: "either by a room," the words are added: " sitting in the formation of judgment, or through the formation of chambers gathered."
In article R. 222-29 of the Administrative Justice Code, the words: "to the role of the court ruling in plenary formation. are replaced by the words: "the role of a formation of chambers, or the role of the court ruling in plenary formation. "
After article R. 222-29 of the Administrative Justice Code, an article R. 222-29-1 is inserted as follows:
"Art.R. 222-29-1. -The formation of chambers is chaired by the president of the court. It includes, in addition to its president, the president and an assessor president of the chamber to which the rapporteur is assigned and, as the case may be, the president of another chamber and a assessor president assigned in this chamber or the presidents of two other chambers and assessor presidents of these chambers as well as a designated magistrate, according to the order of the table, among the magistrates assigned in the second and, where applicable, in the third chamber, and the rapporteur.
"The grouping of the Trial Chambers is set annually by the President of the Court.
"When the composition so defined does not ensure the imparity of the formation of chambers assembled, it is supplemented by another magistrate of one of the chambers concerned, chosen in the order of the table. »
After article R. 222-33 of the Administrative Justice Code, an article R. 222-34 is inserted as follows:
"Art.R. 222-34.-The provisions of the second paragraph of Article R. 222-33 are also applicable when the Administrative Court of Appeal adjudicates on appeal a dispute relating to a decision under Article I of Article L. 511-1 of the Code of Entry and Residence of Aliens and the Right of Asylum. »
I. ― Section R. 112-1 of the Administrative Justice Code is supplemented by the following paragraphs:
"The mission controls the organization and operation of the courts. It can conduct studies on a theme of several jurisdictions.
"The Vice-President of the Council of State shall determine each year the inspection visits and mission studies program. If the situation of a court requires it, it may decide on inspections not provided for in the program.
"The mission ensures that good practices are disseminated to promote the fulfilment of their missions by the courts, and can make any useful recommendation to that effect. »
II. ― After article R. 112-1 of the same code, an article R. 112-1-1 is inserted as follows:
"Art.R. 112-1-1.- Magistrates of administrative tribunals and administrative appeal courts may be invited to participate in the missions provided for in Article R. 112-1. Only judges with the rank of president may be invited to participate in the missions provided for in the second paragraph of that article.
"An officer who has served as Chief Clerk in an administrative court or an administrative court of appeal may be assigned to the administrative court inspection mission. »
III. ― Section R. 231-4 of the same code is repealed.
The first paragraph of section R. 232-17 of the Administrative Justice Code is replaced by the following two paragraphs:
"If, prior to the expiry of his term of office, one of the incumbent representatives of the administrative tribunals and administrative appeals courts resigns or is unable to exercise his or her term of office or if the Superior Council finds that he or she ceases to be eligible for election, he or she is replaced by his or her alternate. In the event that, for any of the above-mentioned causes, the latter may not exercise his or her mandate, the replacement shall be ensured, if possible, by the other candidate presented by the same list, as a holder, for the grade in question, and who had not been initially chosen to sit or, if not, by his or her alternate. If such a replacement is not possible, a supplementary election shall be made within two months. The designated representative or elected under these conditions shall complete the term of office of the representative to be replaced.
"The replacement of a holder's alternate may also be ensured under the same conditions, using, if possible, the other candidate presented by the same list, as a holder, for the grade considered, or, if not, the alternate. »
Section R. 232-22 of the Administrative Justice Code is amended as follows:
1° In the second sentence of the first paragraph, the words: "is reported by the Secretary General of the Council of State and" are deleted;
2° The third sentence is repealed;
3° The article is supplemented by two paragraphs as follows:
"In order to prepare his report on the proposals for appointments, detachments and integrations provided for in articles L. 233-3, L. 233-4 and L. 233-5, the rapporteur may be assisted by a limited training of the higher council, which may carry out all relevant training measures, including hearings. This limited training is designated by the Superior Council; it includes one or more elected representatives of the magistrates of the administrative tribunals and administrative courts of appeal.
"The Deputy Secretary General of the State Council for Administrative Courts and Administrative Courts of Appeal participates in the work of the Superior Council without a deliberate vote. At the invitation of the President, the Superior Council may hear the heads of service of the Council of State or their delegate and any expert. »
In R. 121-10 of the Administrative Justice Code, the words: "by two masters of petitions or listeners" are replaced by the words: "by members".
I. ― Section R. 121-11 of the Administrative Justice Code is amended as follows:
1° The second sentence of the first paragraph is replaced by the following:
"They may receive delegation from the Vice-President to sign any acts and decrees concerning the administrative and budgetary management of the Council of State. » ;
2° The second paragraph is supplemented by the following words: "as well as contractual agents responsible for equivalent functions. »
II. ― Section R. 121-14 of the same code is replaced by the following:
"Art. R. 121-14. - The Vice-President of the Council of State is the main sponsor of the budget of the Council of State. He concludes the contracts and contracts passed by the State Council. »
III. ― Section R. 222-11 of the same code is amended as follows:
1° The first paragraph is supplemented by the following sentence:
"He concludes the contracts and contracts for administrative courts, subject to the competence of the courts. » ;
2° The second paragraph shall be replaced by the following:
"The Secretary General and the Deputy Secretary General of the Council of State may receive the Vice-President's delegation to sign any acts and orders relating to the administrative and budgetary management of administrative tribunals and administrative appeal courses. Delegation may also be given, for the same purposes, to Heads of Service of the Council of State and to officials of the General Secretariat belonging to a Category A body, as well as to contractual agents responsible for functions of an equivalent level. »
IV. ― In article R. 231-3 of the same code, the last sentence of the second paragraph is supplemented by the following words: "as well as contractual agents responsible for equivalent functions. »
Section 1 of Chapter I of Title I of Book VI of the Administrative Justice Code is supplemented by an article R. 611-8-1 as follows:
"Art.R. 611-8-1.-The President of the Formation of Judgment or, at the Council of State, the President of the Sub-Section in charge of Instruction may request one of the parties to resume, in a summary statement, the conclusions and means previously presented in the current proceeding, informing him that, if it follows this invitation, the conclusions and means not resumed will be deemed abandoned. In the event of an appeal, it may be requested that the party also resume the conclusions and means presented in the first instance that it intends to maintain."
I. ― Section 2 of Chapter I of Title I of Book VI of the Administrative Justice Code is, after section R. 611-11, supplemented by an article R. 611-11-1 as follows:
"Art. R. 611-11-1. - Where the case is in a position to be tried, the parties may be informed of the date or period to which it is considered to be called at the hearing. This information then specifies the date on which the instruction may be terminated under the conditions set out in the last paragraph of section R. 613-1 and the last paragraph of section R. 613-2. It does not take place from the warning provided for in section R. 711-2. »
II. ― In R. 611-18, the words "in R. 611-1" are replaced by the words "in R. 611-11 and R. 611-1".
III. ― Article R. 612-3 of the same code is supplemented by two paragraphs as follows:
"Before administrative tribunals and administrative appeals, a stay may be accompanied by an indication of the date or period to which the case is being called at the hearing. It then reproduces the provisions of the last paragraph of section R. 613-1 and the last paragraph of section R. 613-2. The other parties are informed.
"This information does not take place from the warning provided for in section R. 711-2. »
IV. ― Section R. 613-1 of the same code is supplemented by a last paragraph as follows:
"When a party called to file a memorandum has not met, for more than one month, the time limit that has been assigned to it by a notice to be filed under the third paragraph of section R. 612-3 or when the date provided for in section R. 611-11-1 is expired, the instruction may be terminated on the date the order is issued in the first paragraph. »
V. ― Section R. 613-2 of the same code is supplemented by a last paragraph as follows:
"When a party called to file a record has not met, for more than one month, the time limit that has been assigned to it by a stay of the notice under the third paragraph of section R. 612-3 or when the date provided for in section R. 611-11-1 is expired, the instruction may be terminated on the date of issuance of the notice of hearing. This notice mentions it. »
I. ― Section R. 611-10 of the Administrative Justice Code is supplemented by a second paragraph, as follows:
"The presiding judge may delegate to the rapporteur the powers conferred on him by articles R. 611-7, R. 611-8-1, R. 611-11, R. 612-3, R. 612-5, R. 613-1 and R. 613-4. »
II. ― Article R. 611-17 of the same code is supplemented by a second paragraph as follows:
"The provisions of the second paragraph of Article R. 611-10 shall apply. »
Section 4 of Chapter I of Title IV of Book VII of the Administrative Justice Code is replaced by the following:
“Section 4
“Correction of material errors not liable
having influenced the judgment of the case
"Art.R. 741-11.-Where the President of the Administrative Court, the Administrative Court of Appeal or, to the Council of State, the President of the Litigation Section finds that the minute of a decision is terminated by an error or material omission that is not likely to have influenced the judgment of the case, it may, by order made within the period of one month from the date of the order
"The notification of the rectificative order shall, where appropriate, reopen the appeal or appeal period against the corrected decision.
"When a party reports to the President of the Administrative Court or the Administrative Court of Appeal the existence of a material error or omission initiating a decision, and requests the President to exercise powers defined in the first paragraph, that request is, except in the case referred to in the second paragraph, without influence on the course of the appeal or appeal period in open cassation against that decision. »
Chapter VIII, Part VII, Book VII of the Administrative Justice Code is amended as follows:
1° The third paragraph of Article R. 778-5 is supplemented by the following sentence:
"However, in order to allow the parties to pay additional documents, the judge may decide to defer the closing of the instruction to a later date that the judge advises them by any means. » ;
2° The chapter is supplemented by an article R. 778-8 as follows:
"Art. R. 778-8. - When the President of the Administrative Court or the designated magistrate finds, on his own motion or on the referral of the appellant, that the order made has not been executed, he shall proceed to the liquidation of the offence in favour of the fund provided for in the last paragraph of Article L. 302-7 of the Construction and Housing Code.
"The President of the Administrative Court or the designated magistrate may make an order under the conditions set out in Chapter II of Title IV of Book VII of this Code, after having invited the parties to submit their comments on the execution of the order made.
"He liquidates the breach by taking into account the period during which, after the expiry of the period of the judgment, the injunction remained in effect by the administration. It may, in the light of the circumstances of the case, moderate the amount due by the State or, on an exceptional basis, declare that it is not necessary to liquidate the offence. »
I. ― In chapter I of title III of Book V of the Administrative Justice Code, after section R. 531-1, an article R. 531-2 is inserted as follows:
"Art. R. 531-2. - The provisions of sections R. 621-3 to R. 621-11, with the exception of the second paragraph of section R. 621-9, as well as sections R. 621-13 and R. 621-14, shall apply to the observations referred to in article R. 531-1. »
II. ― In the first paragraph of article R. 761-4 of the same code, the words "emergency" are deleted.
In chapter II of title III of Book V of the Administrative Justice Code, after article R. 532-2, it is inserted articles R. 532-3 and R. 532-4 as follows:
"Art.R. 532-3.-The Referee Judge may, at the request of one of the parties formed within the two-month period following the first expert meeting, or at the request of the expert trained at any time, extend the expertise to persons other than the parties originally designated by the order, or disclaim one or more of the parties so designated.
"It can, under the same conditions, extend the mission of the expertise to the examination of technical issues that would be essential to the proper execution of this mission, or, on the other hand, reduce the scope of the mission if some of the research envisaged appears unnecessary.
"Art.R. 532-4.-The referees' judge may only apply to the application under the first paragraph of section R. 532-3 after placing the parties and, where appropriate, the persons to whom the expertise must be expanded in a position to present their observations on the usefulness of the extension or reduction requested.
"It may, if it considers it appropriate, discuss the issues raised by this application at the sitting provided for in R. 621-8-1. »
I. ― In chapter I of title II of Book VII of the Administrative Justice Code, section R. 621-1 is supplemented by a second sentence as follows:
"The mission entrusted to the expert can aim to reconcile the parties. »
II. ― After article R. 621-1, an article R. 621-1-1 is inserted as follows:
"Art. R. 621-1-1. - The President of the Judiciary may designate within his jurisdiction a magistrate responsible for matters of expertise and the monitoring of operations of expertise.
"The act that designates the expert judge may delegate to him all or part of the powers referred to in articles R. 621-2, R. 621-4, R. 621-5, R. 621-6, R. 621-7-1, R. 621-8-1, R. 621-11, R. 621-12, R. 621-12-1 and R. 621-13.
"This magistrate can attend the operations of expertise. »
Section R. 621-3 of the Administrative Justice Code is supplemented by a second paragraph, as follows:
"By the oath, the expert undertakes to carry out his mission with conscience, objectivity, impartiality and diligence. »
The second paragraph of section R. 621-4 of the Administrative Justice Code is replaced by the following:
"The expert who, after accepting his or her mission, does not fulfill it or who does not file his or her report within the time limit set by the decision may, after being invited by the President of the Court to submit his or her observations, be replaced by a decision of the court. In addition, he may be sentenced by the court, upon request of a party, and at the end of a contradictory procedure, to all frustrating costs and damages."
In article R. 621-5 of the Code of Administrative Justice, the words "in the jurisdiction" are replaced by: "to the President of the Jurisdiction or, to the Council of State, to the President of the Litigation Section."
In R. 621-6 of the Administrative Justice Code, the words: "to the judge who committed it. are replaced by the words: "to the president of the jurisdiction or, to the Council of State, to the president of the litigation section. "
In Section 1 of Chapter I of Title II of Book VI of the Administrative Justice Code, after Article R. 621-6, it is inserted articles R. 621-6-1 to R. 621-6-4 as follows:
"Art.R. 621-6-1.-The request for recusal by a party is submitted to the jurisdiction that ordered the expertise. If it is presented by an agent, the agent must be given special power.
"It must hardly indicate the motives that support it and be accompanied by the evidence to justify it.
"Art.R. 621-6-2.-The Chief Clerk, or, at the Council of State, the Secretary of the Litigation, communicates to the expert a copy of the application for recusal.
"As soon as he has communicated this request, the expert must refrain from any operation until it has been decided.
"Art.R. 621-6-3. - Within eight days of this communication, the expert makes known in writing either his acquiescence to the recusal, or the reasons for his opposition.
"Art.R. 621-6-4.-If the expert acquires the request for recusal, he is immediately replaced.
"In the opposite case, the court, by an unsubstantiated decision, decides on the application, after a public hearing, which the expert and the parties are notified.
"Unless the expertise has been ordered on the basis of title III of Book V, this decision can only be challenged before the appellate or cassation judge with the judgment or subsequent judgment.
"The expert is not allowed to challenge the decision that challenges him. »
After the article R. 621-7 of the Administrative Justice Code, the articles R. 621-7-1 and R. 621-7-2 are inserted as follows:
"Art.R. 621-7-1.-The parties must promptly submit to the expert any documents that the expert considers necessary to carry out his or her mission.
"In the event of a party's failure, the expert shall inform the President of the jurisdiction who, after having caused the written submissions of the recalcitrant party, may order the production of the documents, if any, under any circumstances, authorize the expert to proceed, or file his report as such.
"The President may also consider the problems posed by this deficiency at the session provided for in article R. 621-8-1.
"The jurisdiction takes the consequences of the lack of communication of documents to the expert.
"Art.R. 621-7-2.-If the parties come to reconcile, the expert finds that his mission has become irrelevant, and reports it immediately to the magistrate who committed it.
"The report, together with its fee and fee note, must be accompanied by a copy of the conciliation report signed by the parties, indicating the award of the charge of the expert fees.
"It is not for the parties to have settled the issue of burden of expertise, after the taxation referred to in R. 621-11, it is carried out by application of R. 621-13 or R. 761-1, as appropriate. »
In section 2 of chapter I, title II, of Book VI of the Administrative Justice Code, after article R. 621-8, an article R. 621-8-1 is inserted as follows:
"Art.R. 621-8-1.-Through the conduct of the operations of expertise, the President of the Court may arrange one or more sessions to ensure the smooth conduct of these operations.At this session, may, inter alia, be considered, with the exception of any matters relating to the merits of the expertise, matters related to the timelines, communications of exhibits, the payment of provisional allowances or, in respect of the scope,
"The parties and the expert shall be convened at the meeting referred to in the preceding paragraph, under the conditions set out in article R. 711-2.
"There is a survey of the conclusions that led the discussions. This statement is communicated to the parties and the expert, and filed.
"The decision to organize such a session, or to refuse to organize it, is not subject to appeal."
I. ― Section R. 621-9 of the Administrative Justice Code is replaced by the following provisions:
"Art. R. 621-9. - The report is filed in two copies. Copies are notified by the expert to interested parties. With their agreement, this notification can be operated in electronic form.
"The parties are invited by the Court Registry to provide their comments within one month; an extension of time may be granted. »
II. ― Section R. 621-10 of the same code is supplemented by the following words: "and in particular to take action on the observations made under section R. 621-9. "
Section R. 621-11 of the Administrative Justice Code is amended as follows:
1° The second paragraph is replaced by the following:
"Each of them attached to the report a state of his vacations, expenses and disbursements."
2° In the fourth paragraph, after the words: "the nature of the work provided by the expert or the savor", the words: "and the diligence carried out to comply with the period referred to in R. 621-2. » ;
3° The following paragraphs are added:
"If there are several experts, or if a savor has been designated, the order referred to in the previous paragraph separates the amount of fees and fees set for each individual.
"When the chair of the court intends to determine the remuneration of the expert in a lesser amount than the amount requested, he must first notify him of the elements he proposes to reduce, and of the reasons he holds for that purpose, and invite him to make his observations. »
After article R. 621-12 of the Administrative Justice Code, an article R. 621-12-1 is inserted as follows:
"Art.R. 621-12-1.-The lack of payment by the party responsible for the provision of the provision in the month following the notification of the decision referred to in Article R. 621-12 may, at the request of the expert, result in a signed notice of the President of the Court.
"If the time limit set by the expert is not met, and if the report of expertise has not been filed at that date, the expert is called upon by the Chairperson to file, with his fee and fee note, a report that is limited to the determination of due diligence and deficiency, the jurisdiction of which has the consequences, in particular for the purposes of the second paragraph of Article R. 761-1.
"The president may, however, invite the expert to produce a deficiency report, submit the incident to the session provided for in R. 621-8-1."
Section R. 621-13 of the Administrative Justice Code is amended as follows:
1° The first paragraph is replaced by the following:
"When the expertise has been ordered on the basis of title III of Book V, the president of the court or the court, after consultation, if any, of the delegated magistrate, or, in the Conseil d'Etat, the president of the litigation section shall fix the fees and fees by an order made in accordance with the provisions of Articles R. 621-11 and R. 761-4. This order shall be the party(s) that shall bear the charge of such fees and fees. It is enforceable as soon as it is pronounced, and may be recovered against private or public persons by means of common law. It may be subject, within one month of its notification, to an appeal under Article R. 761-5.";
2° The last paragraph is replaced by the following:
"In the cases mentioned in the first paragraph, the provisions of articles R. 621-12 and R. 621-12-1 may be applied. »
In chapter V of title II of Book VI of the Administrative Justice Code, after article R. 625-1, two articles R. 625-2 and R. 625-3 are inserted as follows:
"Art.R. 625-2.-When a technical question does not require complex investigations, the trial training may charge the person that it undertakes to provide a notice on the points it determines. The consultant, to whom the record of the proceeding is not submitted, does not have to operate in accordance with an adversarial procedure with respect to the parties.
"The notice is documented in writing. It is communicated to the parties by the court.
"The provisions of articles R. 621-3 to R. 621-6, R. 621-10 to R. 621-12-1 and R. 621-14 shall apply to technical advice.
"Art.R. 625-3. -The instructional training may invite any person, whose competence or knowledge would be of a nature to inform him usefully on the solution to a dispute, to produce general comments on the points it determines.
"The notice is documented in writing. It is communicated to the parties.
"In the same conditions, any person may be invited to make oral representations to the training or the training of judgment the parties duly convened. »
The first paragraph of section R. 761-5 of the Administrative Justice Code is replaced by the following:
"The parties, as well as, if any, the expert, may challenge the order referred to in section R. 761-4 to the jurisdiction to which the author of the order belongs.
"Except when the order comes from the president of the litigation section of the Conseil d'Etat, the request shall be forwarded without delay by the president of the court to an administrative tribunal in accordance with an allocation table decided by the president of the litigation section.
"The president of the jurisdiction to which the author of the order belongs or, to the Council of State, the president of the litigation section is called to make written comments on the merits of the appeal. »
Section R. 122-31 of the Administrative Justice Code is supplemented by a second paragraph, as follows:
"The duties of justice assistant may not be exercised by members of the liberal legal and judicial professions, or by persons employed in their service. »
I. ― The first paragraph of section R. 223-1 of the Administrative Justice Code is replaced by the following:
"The same president, ranked at the 5th level of his rank, is the chair of the administrative courts of Cayenne, Fort-de-France and Saint-Pierre-et-Miquelon. He is assisted by one or more magistrates with the rank of president, including one in residence in Cayenne. These courts may have joint members.
"The same president, ranked at the 5th level of his rank, is the president of the administrative courts of Basse-Terre, Saint-Barthélemy and Saint-Martin. He is assisted by one or more magistrates with the rank of president. These courts may have joint members. »
II. ― Section R. 223-2 of the same code is replaced by the following:
"The functions of public rapporteur in the administrative courts of Cayenne, Fort-de-France and Saint-Pierre-et-Miquelon are performed by the same magistrates or magistrates. The same applies to the functions of public rapporteur in the administrative courts of Basse-Terre, Saint-Barthélemy and Saint-Martin, and in the administrative courts of Mayotte and Saint-Denis. »
The fifth and sixth paragraphs of section R. 226-1 of the Administrative Justice Code are replaced by the following:
"The Chief Clerks and Clerks are appointed by the Minister of the Interior on the proposal of the Vice President of the Council of State, after notice, as the case may be, of the President of the Administrative Court or of the President of the Administrative Court of Appeal.
"In administrative tribunals and administrative appeals courts, the list of which is set by joint order of the Minister of the Interior and the Seal Guard, Minister of Justice, Chief Clerks are appointed on jobs as an adviser to the administration of the interior and the overseas, under the conditions provided by Order in Council No. 2007-1488 of 17 October 2007.
"The chief clerks of the other courts and the clerks are appointed among the officials of the internal and overseas bodies. Chief Clerks must have at least the rank of attacker. Clerks must have at least the rank of administrative secretary. »
In the third paragraph of section R. 227-10 of the Administrative Justice Code, the figures: "80" and "720" are replaced respectively by the figures: "120" and "1,080".
I. ― In the second paragraph of section R. 233-1 of the Administrative Justice Code, the words: "through the internal competition" are replaced by the words: "through internal and external competitions".
II. ― Magistrates of Administrative Courts and Administrative Courts of Appeal recruited to the rank of adviser, prior to the publication of this decree, through the external competition of the National School of Administration may request, within three months from the date of publication, to be granted, on that same date, the classification conditions in the rank of adviser provided for in second paragraph of Article R. 233-1 of the Administrative Justice Codein its writing resulting from this decree.
III. ― Magistrates of Administrative Courts and Administrative Courts of Appeal recruited to the rank of adviser, before the publication of Decree No. 2007-1345 of 13 September 2007by means of additional recruitment may, within three months of the date of publication of this Order, apply to the same date for classification conditions in the rank of adviser provided for in this Order. second paragraph of Article R. 233-12 of the Administrative Justice Code, in its writing resulting from aforementioned decree of 13 September 2007.
Sections R. 235-1 and R. 235-2 of the Administrative Justice Code are replaced by the following:
"Art.R. 235-1.-The judges of the administrative tribunals and administrative appeals courts may not complete the mobility period provided for in Decree No. 2008-15 of 4 January 2008 on the mobility and detachment of officials of the bodies recruited by the National School of Administration only after two years of effective judicial services, not taking into account the duration of the additional training.
"They cannot carry out this mobility in a law firm or a lawyer at the State Council and the Court of Cassation.
"At the end of the mobility period, and subject to the fact that the mobility period did not exceed four years, the judge regains his assignment in his original jurisdiction, if any overcrowded. If the mobility period exceeds four years or if the person concerned does not wish to be reassigned to his or her original jurisdiction, his or her application for assignment is met on the basis of the employment holiday.
"Art.R. 235-2.-Without prejudice to the provisions of Article R. 235-1 as well as cases of detachment of the right, detachment of the duties of sub-prefect, or to occupy a functional job or one of the jobs for which the appointment is left to the Government's decision, the magistrates of the administrative tribunals and administrative appeals courts may be detached or made available only if they have at least four years.
"Detached or made available to members of the administrative tribunals and administrative appeals courts, as well as decisions to maintain one or another of these positions, shall be made at the request of the concerned, after the advice of the head of the permanent inspection mission of the administrative courts. »
At 1° of article R. 431-9 of the Administrative Justice Code, the words: "to theArticle 7 of Decree No. 82-389 of 10 May 1982 and to theArticle 6 of Decree No. 82-390 of 10 May 1982 ;" are replaced by the words: "to theArticle 33 of Decree No. 2004-374 of 29 April 2004 relating to the powers of prefects, the organization and action of State services in the regions and departments; "
The provisions of Chapter I and Article 47 shall apply to requests registered on the first day of the second month following that of the publication of this Order.
The provisions of section 53 come into force on January 1, 2011.
The provisions of this Decree shall apply throughout the territory of the Republic.
The Minister of State, Minister of Justice and Freedoms, Minister of the Interior, Overseas and Territorial Authorities and the Minister of Budget, Public Accounts, Public Service and State Reform are each responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, February 22, 2010.
François Fillon
By the Prime Minister:
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
