Appeal to the Council of State

Verified 16 October 2026 - Public Service / (Prime Minister)

The Council of State acts as an appellate judge in place of the Administrative Court of Appeal for certain decisions taken by the Administrative Court. These are decisions that concern municipal and departmental elections, the legality or the interpretation of an act falling within the jurisdiction of the administrative tribunal in first spring and the safeguarding of a fundamental freedom (referral-freedom). We present you the information to know.

In principle, appeals against decisions of the Administrative Tribunal are made to the Administrative Court of Appeal.

But for some decisions, the appeal must be made to the Council of State.

These are the subsequent decisions :

  • Decisions on the results of municipal and departmental elections
  • Decisions on the legality or the interpretation of an act falling within the jurisdiction of the administrative tribunal in first spring
  • Decisions taken in relation to summary proceedings.

The appeal is not suspensive.

The decision appealed against must therefore apply, with the exceptions provided for by law (for example, for a emergency referral).

However, you can ask the Council of State to postpone execution of the decision which is the subject of the appeal, pending its judgment.

To do this, you must present a query distinct the appeal, accompanied by a copy of this appeal.

FYI  

So that the stay of execution or accepted, you must submit means serious enough to justify your request.

He is not not required to hire a lawyer to appeal to the Council of State.

But, if you wish, you can take a lawyer.

Before the Council of State, only a lawyer to the Councils, also called lawyer at the Council of State and the Court of Cassation, may represent you.

FYI  

If you take a lawyer, you have to pay his fees.

Depending on your income and the value of your assets, you can apply for legal aid.

To appeal, you must send a query to the Council of State and sign it.

It must include the following items :

  • Your surname, first names and address
  • The subject matter of the request (e.g. annulment of a decision)
  • The precise statement of facts
  • The legal arguments that seem to you to demonstrate that the decision of the court that has previously ruled has made a misapplication of the law
  • The conclusions (e.g. total or partial annulment of the previous decision jurisdiction).

You must attach to your request the following documents :

  • Copy of the court decision of the administrative court that you are challenging
  • Copy of all supporting documents relevant to the resolution of the dispute.

The manner of filing the application varies depending on whether you have a lawyer or not:

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You don't have a lawyer

You can make the request online, on-site or by post :

Online

You can deposit your query via the online service Removal citizens:

Citizens' telemedicine (appeal to the administrative judge)

On site

The query must be deposited directly at the reception of the graft the litigation section of the Council of State.

Who shall I contact

Please note

The request must be transmitted in 2 copies.

By post

The query should be addressed by mail preferably with RAR: titleContent to the Council of State.

Who shall I contact

Please note

The request must be transmitted in 2 copies.

You have a lawyer

If you are represented by a lawyer, he must use the application Removal to transmit your request.

But if the lawyer is not yet registered in the Telemedicine application, he can send the request by any means.

Reminder

It is not mandatory to have a lawyer present to appeal to the Council of State.

No, you do not have to pay to appeal to the Council of State.

However, if you take a lawyer, you have to pay his fees.

Please note

Depending on your income and the value of your assets, you can apply for legal aid.

The time limit for appeal is set out in notification of the contested decision.

The deadline varies depending on your place of residence and the nature of the decision:

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You live in metropolitan France

The time frame varies depending on the nature of your call:

For an election

You have 1 month to appeal after the notification the decision of the administrative court.

For the legality or interpretation of an act

You have 2 months to appeal after the notification the decision of the administrative court.

For a referral-freedom

You have 15 days to appeal after the notification the decision of the administrative court.

You live overseas

The time frame varies depending on the nature of your call:

For an election

You have 2 month to appeal after the notification the decision of the administrative court.

For the legality or interpretation of an act

You have 3 months to appeal after the notification the decision of the administrative court.

For a referral-freedom

You have 1 month and 15 days to appeal after the notification the decision of the administrative court.

You reside abroad

The time frame varies depending on the nature of your call:

For an election

You have 3 month to appeal after the notification the decision of the administrative court.

For the legality or interpretation of an act

You have 4 months to appeal after the notification the decision of the administrative court.

For a referral-freedom

You have 2 months and 15 days to appeal after the notification the decision of the administrative court.

FYI  

If the appeal period is less than 2 months, it must be mentioned in the notification of the decision. Otherwise, the applicable deadline is 2 months.

The Council of State is once again examining the case decided by the administrative court.

Instruction

Instruction begins as soon as the graft has recorded the query.

The request shall be communicated to the others parties so that they can make their comments. The instruction is based on briefs written submissions of the parties. This is the principle of contradictory.

In addition to the written instruction, a oral instruction session can be organized.

The oral instruction session allows to have a adversarial debate on the factors relevant to the determination of the dispute.

In principle, the investigation is closed after the appeal of the case to the hearing or, if you are represented by a lawyer, after he has made his observations.

However, the president of the chamber responsible for the investigation or the assessor may decide, by prescription, the date from which the instruction will be closed.

The case is then placed on a judgment session.

At least 4 days before the hearing, you will be notified of the hearing date. In case of emergency, the delay can be reduced to 2 days.

Conduct of the hearing

At the hearing, the floor shall be given to the rapporteur to present the case.

The rapporteur recalled the content of the query and presents the arguments of each of the parties.

Then the floor is given to the public rapporteur which shall deliver its conclusions and propose the solution which it considers most appropriate.

At the end of the hearing, the case is deliberate.

FYI  

After the public rapporteur has delivered his or her opinion, you (or your lawyer) may make oral submissions.

Deliberation and decision

The decision is deliberate without the presence of parties.

Unless the decision is rendered directly at the end of the hearing, the parties may consult it with the graft of the jurisdiction.

The decision is sent to them by registered letter with : titleContent to their home or their lawyer.

The decision is reasoned, i.e. it indicates the reasons for the judges' decision.

Please note

In the field of summary proceedings, the Council of State shall issue its decision within 48 hours.

The remedies and time limits for appeal are indicated in the letter of notification the decision of the Council of State on appeal. This decision can no longer be appealed.

But it can be challenged by one of the following remedies :

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