Can we oppose a decision of the administrative judge?

Verified 08 October 2026 - Public Service / (Prime Minister)

Yes, in a few rare situations, it is possible to oppose a decision of the administrative judge. We present you the information to know.

It is possible to oppose any decision of the Council of State.

An objection may also be made, for example, against a decision rendered by one of the following jurisdictions :

  • High Council of Chartered Accountants
  • Disciplinary Section of the National Council of the College of Pharmacists
  • Disciplinary Section of the National Council of the College of Dental Surgeons
  • Disciplinary Section of the National Council of the Order of Physicians.

Warning  

Opposition is not possible against decisions of administrative tribunals and administrative courts of appeal.

For the opposition to be admissible, you must complete the 3 following conditions :

  • Have been implicated, that is, have been designated as part during the procedure
  • Be in default, i.e. have not filed a defense in due form (e.g. have not filed a factum as required) and the judge has made the decision default
  • No other party with the same interest as you in the case has defended that interest in the proceedings.

The time limit for filing an objection differs depending on your place of residence :

Répondez aux questions successives et les réponses s’afficheront automatiquement

You live in metropolitan France

The time limit for lodging an objection is 2 months from notification the contested court decision.

You live overseas

The time limit for lodging an objection is 3 months from notification the contested court decision.

You reside abroad

The time limit for lodging an objection is 4 months from notification the contested court decision.

Yes, it is mandatory to hire a lawyer to oppose a decision made by the administrative judge.

You have to take a lawyer at the Council of State or the Court of Cassation :

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

Warning  

Oppose the administrative judge does not suspend the decision which he returned.

Filing of the application

You must apply to the competent court by query.

Remedies and remedies are set out in notification the decision of the administrative judge.

Query 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 at the time of the hearing when the lawyers have made their 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, counsel for the parties shall be notified of the date of the hearing. 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  

Your lawyer may make oral submissions after the public rapporteur has delivered his or her opinion.

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 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.

No, the opposition procedure shall not prevent the execution of the decision. They say that the procedure is not suspensive.

However, you can ask the judge to suspend the execution of the decision. Then we talk about stay of execution.

Who can help me?

Find who can answer your questions in your region