Appeal to the Council of State

Verified 14 November 2025 - Public Service / Directorate of Legal and Administrative Information (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 concerning municipal and departmental elections, the legality or interpretation of an administrative act and the safeguarding of a fundamental freedom (referral-freedom). We present you the information to know.

Appeals against decisions of the Administrative Tribunal are normally 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 outcome of municipal and departmental elections
  • Decisions on the legality or interpretation of an act falling within the jurisdiction of the administrative court at first instance
  • Decisions taken in respect of summary judgment "freedom".

The appeal is not suspensive.

The decision that is the subject of the appeal must therefore apply, save as otherwise provided by law (for example, for a emergency referral).

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

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

FYI  

So that the stay of execution from judgment 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.

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

Depending on your income and the value of your wealth, 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 application (e.g. annulment of a decision)
  • The precise statement of facts
  • The legal arguments demonstrating the merits of your claim
  • The conclusions (what you ask the court).

You must attach to your request the following documents :

  • A copy of the judgment of the administrative court concerned
  • Copies of all supporting documents relevant to the resolution of the dispute.

How to file 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 court)

On site

The query must be filed at graft of the Council of State.

Who shall I contact

Please note

The request must be transmitted in 2 copies.

By mail

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

Who shall I contact

Please note

The request must be accompanied by a copy.

You have a lawyer

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

NoHowever, 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.

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

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

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

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You live in metropolitan France

The delay varies depending on the nature of your call:

For an election

You have 1 month to appeal after the notification from judgment of the Administrative Tribunal.

For the legality or interpretation of an act

You have 2 months to appeal after the notification from judgment of the Administrative Tribunal.

For a referee-freedom

You have 15 days to appeal after the notification from judgment of the Administrative Tribunal.

You live overseas

The delay varies depending on the nature of your call:

For an election

You have 2 month to appeal after the notification from judgment of the Administrative Tribunal.

For the legality or interpretation of an act

You have 3 months to appeal after the notification from judgment of the Administrative Tribunal.

For a referee-freedom

You have 1 month and 15 days to appeal after the notification from judgment of the Administrative Tribunal.

You live abroad

The delay varies depending on the nature of your call:

For an election

You have 3 month to appeal after the notification from judgment of the Administrative Tribunal.

For the legality or interpretation of an act

You have 4 months to appeal after the notification from judgment of the Administrative Tribunal.

For a referee-freedom

You have 2 months and 15 days to appeal after the notification from judgment of the Administrative Tribunal.

FYI  

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

The Council of State is once again examining the case decided by the Administrative Court. It first gathers all the elements that allow it to decide, then it holds a hearing to judge the case.

Instruction

The instruction begins as soon as the graft recorded the query.

One rapporteur is designated by the speaker of the house to follow the instruction. But the case is being studied by several magistrates.

The rapporteur sets the time limit for parties to produce their briefs.

The rapporteur may also ask the parties to attach any relevant documents to the resolution of the dispute.

The hearing is based on written submissions presenting the arguments of the two parties.

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 decision in the dispute.

When the investigation is completed, the case is placed on a judgment session.

The chairman of the panel of judges shall prescription the date from which the statement is closed.

Conduct of the hearing

The chairman of the panel shall open the hearing and give the floor 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 who delivers his conclusions and proposes the solution which he considers most appropriate.

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

FYI  

If you are represented by a lawyer, he or she may make oral submissions after the public rapporteur has delivered his or her Opinion. However, it cannot develop new arguments other than those presented before the hearing.

Deliberate and judgmental

Judges debate outside the presence of the public rapporteur and parties.

The judgment is notified to the parties or lawyers, and then made public.

The decision of the judges is sent by registered letter in a a few weeks (or forwarded to your lawyer).

The judgment is reasoned, that is to say, it indicates the reasons for the judges' decision.

Please note

In the field of referee-freedom, the Council of State shall issue its decision within 48 hours.

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

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

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