Dispute with the administration: interim relief-suspension

Interim suspension is a procedure that allows you to ask the administrative judge to suspend the execution of an administrative decision that is unfavorable to you and whose legality you are challenging.

An application for interim relief may relate to a decision of the administration which orders something (decision to close an establishment) or refuses something (refusal of authorization to carry out a regulated activity).

The judge hearing the application for interim measures may order the suspension of the implementation of the contested decision, but on a provisional basis.

The suspension ceases to have effect when a decision is taken on the substance of the dispute (legality of the decision).

In order to invoke interim relief-suspension, you must meet all of the following conditions:

• To have previously filed a request for annulment or alteration (application on the merits) against the decision for which you are seeking suspension
• Justify the urgency of suspending the execution of the decision (for example, if a decision must be rendered before the scheduled flight time for the expulsion of a foreigner)
• Demonstrate that there are substantial grounds for believing that the decision is unlawful (for example, if the decision is made by an officer who does not have the authority to make such a decision)
• Demonstrate that the decision is not fully implemented (for example, if the decision orders the demolition of a building, the demolition must not have been completed).

It is not mandatory to hire a lawyer to file an application for interim relief.

But if you wish, you can get legal advice. In this case, it is advisable to choose a lawyer specialized in public law.

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

To make a proxy-suspension, you must send a request to the judge hearing applications for interim measures of the Administrative Court.

The request shall bear the indication "interim" and shall include the following:

• Your first and last names and address

• The subject matter of the application (e.g. suspension of a decision)
• The precise statement of the facts
• The arguments demonstrating the illegality of the administrative decision and the need for an urgent decision by the judge hearing the application for interim measures.

You must attach the following documents to your request:

• Copy of your application for annulment of the decision
• Copy of the decision concerned.

The way to file the application depends on whether you have a lawyer or not:

You don't have to pay to appeal to the administrative judge.

But if you hire a lawyer, you have to pay his fees.

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

You can also ask the court to order the administration to reimburse you for your legal fees. You must make a reasoned request in writing. You must also attach all documents to justify the amount of the advanced charges (quotation, invoice, etc.). At the end of the trial, the judge decides whether or not to convict the administration.

The request shall be dealt with expeditiously in accordance with a procedure contradictory written or oral, before the judge hearing the application for interim measures takes his decision.

However, the judge hearing the application for interim measures may dismiss the application by order, without debate and without hearing in any of the following cases:

• Query does not present no urgency (for example, if the decision has already been executed)
• The request is clearly outside the jurisdiction of the administrative judge (for example, if the challenge to the decision is to be brought before the court)
• The request is clearly inadmissible (for example, if you have not brought an action for annulment of the decision)
• The request is clearly ill-founded (for example, if you do not raise any legal argument in support of your application for interim relief or in support of your action for annulment).

In the context of the inter partes procedure, the judge hearing the application must communicate the application to the administration and to all the persons concerned so that they can defend themselves.

The judge shall fix the date and time of the hearing as soon as possible and shall inform the parties thereof.

You can be summoned by any means, including by telephone.

The parties may present their arguments at the hearing.

In making his decision, the judge hearing the application for interim measures will check whether you have raised arguments that suggest, at the stage of the investigation, that there is a serious doubt on the legality of the decision.

The judge hearing the application for interim measures shall give a decision within 48 hours to 1 month after the hearing.

This period may be exceeded if the complexity of the case so requires.

The order for interim relief is notified without delay. It shall also be notified to the other parties to the case.

If the judge hearing the application for interim measures orders the suspension of the enforcement of a decision, that decision shall not be enforced. For example, if a show is banned, the event can take place.

When it is a refusal decision, the judge hearing the application for interim measures shall require the administration to annul provisionally the effects of its refusal. For example, in the event of suspension of a refusal of stay accompanied by an order to leave the territory, the judge hearing the application for interim measures may order the administration to issue you a provisional residence permit.

When it is a suspension of rejection decision, you may also ask the judge hearing the application for interim measures to rule, at the same time as the suspension, one or more injunctions against the administration.

The issuance of a stay order results in a more expeditious resolution of the substantive issue (application for annulment or revocation).

The decision of the judge hearing the application for interim measures shall be given as a last resort. So you can't appeal.

If you wish to challenge the decision, you must form a appeal on a point of law before the Council of State in the 15 days.

The Council of State shall give its opinion within one month.

Before the Council of State, you must be represented by a lawyer the Council of State and the Court of Cassation.

Depending on your income and the value of your wealth, you may be able to benefit from legal aid.