Key Benefits:
Publics concerned: members of the Council of State, administrative magistrates, applicants, lawyers.
Subject: amendment of provisions relating to the State Council and administrative courts.
Entry into force: this decree comes into force on the day after its publication. The provisions of Article 24 II shall apply upon the expiry of a period of one month following the entry into force of the Order. The provisions of section 20 apply to decisions made after the order comes into force.
Notice: Title I includes various provisions relating to the composition of the administrative sections and the permanent commission of the Council of State, the quality and appointment of the commissioners of the Government to the administrative sections, the modalities of delegation in an administrative tribunal whose staffing requires a one-time strengthening of a judge assigned to another jurisdiction, on the date on which the condition of absence of termination of activity of two years to be entered in the table of experts Amongst the interdepartmental body of the administrative officers of the State and of categories B and C among the officials of the bodies of the interior and the overseas, to the possibility of assigning administrative magistrates to the National Court of the right of asylum, to the titularization in the rank of adviser of the administrative magistrates recruited by the direct court, to the regulation of the related requests, to the jurisdiction of the Council of State
It also includes textual coherence provisions relating to the establishment of the panel of experts in the administrative appeals courts of Paris and Versailles, the assessment of the judge's jurisdictional limit on applications that do not exceed 10,000 euros, as well as the definition of appeal periods applicable to implicit decisions of rejection arising out of the silence kept by the administration on a request.
Title II includes provisions applicable to overseas administrative tribunals. It harmonizes the names of the administrative tribunals of Martinique, Guadeloupe, Guyana, La Réunion and Wallis-et-Futuna with those of other overseas jurisdictions, allows to recruit chief clerks and clerks in the administrative tribunals of French Polynesia, Wallis-et-Futuna and New Caledonia in addition to the public office of
Title III contains provisions amendingArticle 6 of Decree No. 2012-1437 of 21 December 2012 relating to electronic communication before the Council of State, administrative courts of appeal and administrative tribunals, fixing the entry into force of this decree, for overseas courts, as at 31 December 2016.
References: Article 4 of this decree is taken for the application of theArticle L. 221-2-1 of the Administrative Justice Code from theArticle 81 of Act No. 2012-347 of 12 March 2012. The provisions of Administrative Justice Code and Decree No. 2012-1437 of 21 December 2012, as amended by this decree, may be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Vu la Act No. 2004-192 of 27 February 2004 bearing the status of autonomy of French Polynesia, including articles 174 and 175;
Vu le Administrative Justice Code ;
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations, including article 21;
Having regard to the amended decree of 5 August 1881 concerning the organization and competence of the boards of administrative litigation in the colonies of Martinique, Guadeloupe and La Réunion, in particular articles 100 to 104 ter;
Having regard to the decree of 30 December 1912 concerning the financial regime of the territories under the Ministry of Overseas France, in particular its articles 172 and 173;
Vu le Decree No. 2012-1437 of 21 December 2012 concerning electronic communication before the State Council, administrative appeals and administrative tribunals;
Considering the opinion of the Government of New Caledonia of 2 June 2015;
Having regard to the advice of the Technical Committee for the Registry of Administrative Courts and Administrative Courts of Appeal dated 17 June 2015;
Considering the opinion of the Martinique Regional Council of 23 June 2015;
Considering the opinion of the French Polynesia government of 1 July 2015;
Having regard to the opinion of the Superior Council of Administrative Courts and Administrative Appeals Courts of 7 July 2015;
Considering the referral of the departmental council of La Réunion dated 4 May 2015;
Considering the referral of the Regional Council of La Réunion dated 4 May 2015;
Considering the referral of the departmental council of Martinique dated 4 May 2015;
Considering the referral of the departmental council of Guadeloupe dated 4 May 2015;
Considering the referral of the regional council of Guadeloupe dated 5 May 2015;
Considering the referral of the Conseil départemental de Guyane dated 6 May 2015;
Considering the referral of the Guyane Regional Council dated 7 May 2015;
The State Council (inland section) heard,
Decrete:
The Administrative Justice Code (regulatory part) is amended in accordance with Articles 2 to 24 of this Order.
Chapter 3 of Book I title II is amended as follows:
1° In the third paragraph of R. 123-6, the word "advisor" is replaced by the word "member";
2° In the sixth paragraph of R. 123-22, the word "advisor" is replaced by the word "member".
Article R. 123-24 is amended as follows:
1° In the first paragraph, the sentence: "Public servants may also be appointed by ministerial order to participate in the discussion of a specific case. » is deleted;
2° After the first paragraph, the following paragraph shall be inserted:
"In addition to the directors who are authorized to attend the meetings of the Council of State as Commissioners of the Government for all matters of their management, officials may be appointed as such by the ministers at the time of the Council's referral for the examination of a specific case. »
Section 2 of Chapter I of Book II is supplemented by an article R. 221-6-1, as follows:
"Art. R. 221-6-1. - Pursuant to Article L. 221-2-1, a magistrate may not be delegated more than three times in the same year for a total period not exceeding six months.
"The order of the Vice-President of the Council of State provided for in the second paragraph of Article L. 221-2-1 shall intervene on the advice of the President of the administrative jurisdiction to which the magistrate is assigned and the President of the administrative tribunal to which the magistrate is delegated.
"Delegated magistrates are compensated for their travel and residence expenses under the conditions fixed by the Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs caused by the temporary movement of State civilian personnel. »
The second part of section R. 221-11 is replaced by the following provisions:
« 2° Not having ceased to carry out this activity for more than two years before the deadline for applications, September 15 of each year; "
Section R. 221-15 is amended as follows:
1° The first sentence is supplemented by the following sentence: "It is notified to the candidate by letter against signature. » ;
2° After the first paragraph, the following paragraph shall be inserted:
"In accordance with Article 21 II of the Act of 12 April 2000, and by derogation from the two-month period provided for in the first paragraph of the I, the silence kept by the President of the Administrative Court of Appeal for sixteen months on the application for registration or re-registration of a candidate is accepted. »
At 2° of R. 221-21, the reference to R. 221-12 is replaced by the reference to R. 221-10.
At 3° of R. 221-21, the reference to R. 221-10 is replaced by the reference to R. 221-11.
Section R. 222-1 is amended as follows:
1° In the first paragraph, after the words: "Presidents of Administrative Court and Administrative Court of Appeal", the words "the first Vice-Presidents of Courts and Courts" are inserted;
2° In the ninth paragraph, after the words: "Presidents of administrative appeal courses", the words "the first vice-presidents of the courses" are inserted.
The last sentence of article R. 222-12 is replaced by the following sentence:
"In the event of absence or incapacity, they may delegate their signature to a member or officer of their jurisdiction. »
In articles R. 222-14 and R. 222-15, the reference to 7° of article R. 222-13 is replaced by the reference to 10° of the same article.
Section R. 226-1 is amended as follows:
1° At the beginning of the sixth preambular paragraph, the following provisions are inserted:
"The Registry Officers of Administrative Courts and Class Administrative Appeal Courts A are appointed among the officials of the interdepartmental body of the State administrative officers, attached for their recruitment and management to the Minister of the Interior."
2° The seventh preambular paragraph shall be replaced by the following:
"The Registry Officers of Administrative Courts and Administrative Courts of Appeal of categories B and C are appointed among the officials of the internal and overseas bodies";
3° An eighth preambular paragraph was established:
"The chief clerks must have at least the rank of attacker. Clerks must have at least the rank of administrative secretary. »
Article R. 231-1 is supplemented by the following words: "or the National Court of Asylum Law".
In the third paragraph of article R. 233-14, after the words: "are appointed and titularized", the words "in the rank of councillor".
Chapter I of Book III title IV is amended as follows:
1° In the title and article R. 341-1, after the words: "an administrative tribunal", the words "or an administrative court of appeal" are inserted;
2° In the first paragraph of article R. 341-2, after the words: "an administrative tribunal", the words "or an administrative court of appeal". In the second paragraph of the same article, after the words "in the administrative court" are inserted the words "or in the administrative court of appeal";
3° In article R. 341-3, after the words: "an administrative tribunal", the words "or an administrative court of appeal".
After chapter IV of Book III title IV, a chapter V is inserted as follows:
“Chapter V
"Connexity between applications within the jurisdiction of an administrative tribunal and applications within the primary jurisdiction of an administrative court of appeal
"Art. R. 345-1.-When an administrative court of appeal has before it conclusions under its primary jurisdiction, it is also competent to hear related conclusions normally within the jurisdiction of an administrative tribunal.
"Art. R. 345-2.-In the event that an administrative tribunal is seized of conclusions normally within its jurisdiction but related to conclusions submitted to an administrative court of appeal and falling within the jurisdiction of the court in the first and final jurisdiction of the court, the President shall refer the findings to the court.
"Art. R. 345-3. -In the event that an administrative tribunal is seized with separate but related conclusions within its jurisdiction and the others of the jurisdiction in the first and final jurisdiction of an administrative court of appeal, its president shall refer all of these findings to the court.
"Art. R. 345-4.-In the cases provided for in articles R. 345-2 and R. 345-3 above, the provisions of articles R. 351-3, R. 351-4 and R. 351-7 below shall be applied. »
After article R. 351-5, an article R. 351-5-1 is added as follows:
"Art. R. 351-5-1. - Where the Council of State is seized of conclusions relating to a dispute that is not within the jurisdiction of the administrative tribunal, it is competent, notwithstanding the rules relating to remedies and the division of jurisdiction between the administrative courts, to decide on these findings and to decline the jurisdiction of the administrative tribunal. »
Section R. 421-2 is replaced by the following provisions:
"Art. R. 421-2.-Unless there is a legislative or regulatory provision to the contrary, in cases where the silence of the administrative authority on an application is deemed to be a decision to reject, the person concerned shall, in order to appeal, have a period of two months from the date on which an implicit decision to reject was born. However, where an explicit decision to reject is made before the expiry of this period, it shall reschedule the appeal period.
"The date of filing of the application to the administration, as determined by any means, must be established in support of the application. »
Section R. 431-8 is replaced by the following provisions:
"Art. R. 431-8.-The parties not represented before an administrative tribunal by a lawyer or a lawyer at the State Council and the Court of Cassation who have their residence abroad must elect their domicile in the territory of the Republic. »
In R. 811-7, the second paragraph shall be replaced by the following provisions:
"When the notification of the decision submitted to the Administrative Court of Appeal does not include the reference in the third paragraph of Article R. 751-5, the appellant is invited by the court to regularize his request under the conditions set out in Article R. 612-1. »
After article R. 821-1, an article R. 821-1-1 is inserted as follows:
"Art. R. 821-1-1. - By derogation from the provisions of the first paragraph of Article R. 821-1, the time limit for appeal against a decision before being entitled, whether or not it decides a question to the principal, shall be short until the time limit for appeal against the decision which definitively resolves the substance of the dispute. »
Book IX is thus amended:
1° R. 921-1 becomes R. 921-1-1;
2° At the beginning of Title II, an article R. 921-1 was added to read as follows:
"Art. R. 921-1.-When an administrative court or an administrative court of appeal has overturned an administrative act or, in a full jurisdiction dispute, has rejected all or part of the conclusions presented in defence by a public authority, the authority concerned has the power to request the president of the court to clarify the administration on the procedure for the enforcement of the court decision.
"The President of the Administrative Court or the Administrative Court of Appeal may, in the interest of a good administration of justice, refer the request for clarification to the Council of State.
"Where applicable, reference is made to the case in the annual report of the Council of State. » ;
3° Section R. 921-6 is replaced by the following provisions:
"Art. R. 921-6.-In the event that the President considers it necessary to prescribe enforcement measures by way of jurisdiction, including the imposition of an offence, or when the applicant requests it within the month following the notification of the classification decided under the last paragraph of the preceding article and, in any event, at the expiry of a period of six months from the date of the referral, the court or tribunal shall open a court ordinance
"However, at the expiry of this six-month period, where the President considers that the due diligence is likely to allow, in the short term, the enforcement of the decision, he informs the applicant that the legal procedure will only be opened, if any, upon the expiry of an additional four-month period.
"This order is not subject to appeal. The case is instructed and deemed urgent. When it pronounces a breach, the formation of judgment sets the effective date. » ;
4° Section R. 931-1 is replaced by the following provisions:
"Art. R. 931-1.-Where the Council of State or a special administrative court has overturned an administrative act or, in a dispute of full jurisdiction, rejected all or part of the conclusions presented in defence by a public authority, the authority concerned has the power to request the State Council to clarify the administration on the procedure for the enforcement of the court decision.
"The Council of State also decides on the application that was referred to it under article R. 921-1.
"These requests lead to the designation of a rapporteur whose mission to the administration is carried out under the authority of the chair of the report and studies section. Upon a decision of the chair of the report and studies section, the committee referred to in section R. 931-6 may, for advice, be seized of the matter. Where applicable, reference is made to the case in the annual report of the Council of State. »
I.-The second sentence of article R. 221-1 is replaced by the following sentence:
“But the administrative tribunal that sits in Basse-Terre is designated as “Administrative Court of Guadeloupe”, the one that sits in Cayenne under the name “Administrative Court of Guyana”, the one that sits in Fort-de-France under the name “Administrative Court of Martinique”, the one that sits in Mamoudzou under the name “U Administrative Court of Mayotte” »
II.-Aux articles R. 221-7 and R. 421-7, the name "Base-Terre" is replaced by the name " Guadeloupe", the name "Cyenne" is replaced by the name "Guyane", the name "Fortres-de-France" is replaced by the name "Martinique", the name "Saint-Denis" is replaced by the name "Fortress-denis"
III.-Aux articles R. 223-1 and R. 223-2, the name "Base-Terre" is replaced by the name: "La Guadeloupe", the name "Fortres-de-France" is replaced by the words "La Martinique", and the name "Saint-Denis" is replaced by the words "La Réunion".
IV.-A Article R. 226-14, the name "Base-Terre" is replaced by the name " Guadeloupe".
V.-Aux articles R. 225-9, R. 225-10, R. 225-11, R. 226-8, R. 431-10, R. 611-15-1, R. 612-4 and R. 772-4, the name "Matte-Utu" is replaced by the name "Wallis-et-Futuna".
VI.-A Article R. 751-8, the name "Saint-Denis" is replaced by the name "The Meeting" and the name "Matthew" is replaced by the name "Wallis-et-Futuna".
Section 2 of chapter 6, title II, of Book II is amended as follows:
1° In the title and article R. 226-8, the words "of Mayotte" are deleted;
2° In article R. 226-8 of the Administrative Justice Code, the words: "property to the public service of the State" are replaced by the words: "are agents of the public service".
I. - In sections R. 225-5-1 and R. 225-6, the words: "Article L. 225-3" are replaced by the words: "Articles 174 and 175 Act No. 2004-192 of 27 February 2004 establishing the status of autonomy of French Polynesia. »
II. - Sections R. 421-6, R. 811-4 and R. 832-3 are repealed.
III. - The second sentence of the second paragraph of section R. 613-1 is deleted.
IV. - The third paragraph of Article R. 621-7 is deleted.
V. - The last paragraph of Article R. 711-2 is deleted.
VI. - In the first paragraph of article R. 772-4, the words "subject to articles 100 to 104 ter of the amended decree of 5 August 1881 and articles 172 and 173 of the amended decree of 30 December 1912" are deleted.
Aunt first paragraph of Article 6 of Decree No. 2012-1437 of 21 December 2012 the words "December 31, 2015" are replaced by the words "December 31, 2016" and the words "Matthew" are replaced by the words "Wallis-et-Futuna" and the words "Matthew" are replaced by the words "Wallis-et-Futuna".
This decree is applicable throughout the territory of the Republic.
The provisions of section 20 apply to decisions made after the coming into force of this Order.
The provisions of Article 24 II shall apply upon the expiration of one month after the coming into force of this Order.
The guard of the seals, Minister of Justice, and the Minister of the Overseas are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on September 15, 2015.
Manuel Valls
By the Prime Minister:
The Seal Guard, Minister of Justice,
Christiane Taubira
Minister of Overseas,
George Pau-Langevin
