Dispute with the administration: interim measures

The interim measure is a emergency procedure which allows you to ask the judge to order one or more applications for interim measures appropriate measures to preserve your rights, even before the administration has made a decision.

But if the administration has already made a decision, the judge hearing the application for interim measures cannot take a measure to prevent the execution of the decision.

If you want to prevent the immediate execution of the decision that was made by the administration, you must to make an application for interim measures.

In order to make an interim measure of protection, you must demonstrate that all the following conditions are met:

• He is urgent to take the action requested (e.g., in the run-up to a deadline for filing an appeal)
• The measure is useful and necessary (e.g. whether the requested document must be attached to the appeal)
• The administration (State service, municipality, public establishment, etc.) has not yet decided on the case in question.

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

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 conservatory application, 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 request (details of the measures requested)
• The precise statement of the facts
• The arguments demonstrating the urgency and the validity of your request (usefulness of the measures requested, absence of a decision by the administration).

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 (e.g. if the deadline for exercising a remedy has already passed)
• The request is clearly outside the jurisdiction of the judge hearing applications for interim measures (for example, if the challenge to the future decision is to be brought before the court)
• The request is clearly inadmissible (for example, if you request a suspension of the execution of an administrative decision)
• The request is clearly ill-founded (for example, if you do not invoke any means to demonstrate that the requested action is useful and necessary).

Within the framework of the adversarial procedure, the judge hearing the application for interim measures 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 reaching its decision, the judge hearing the application for interim measures will examine whether the measures sought can prevent damage from occurring, or whether the measures can limit the aggravation of damage that has already occurred.

The judge hearing the application for interim measures shall give a ruling within a period of from a few days to 1 month after the hearing.

If the judge hearing the application for interim measures accepts your request, he takes a decision requiring the administration to comply with the measures ordered.

The decision must be notified to you, the administration and, if necessary, the other interested parties.

For example, if the judge has ordered an injunction to transmit a document, the administration must carry out the order, providing you with the document.

The decision of the judge hearing the application for interim measures is a last resort, so you cannot 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 can apply for legal aid.