The administrative courts
- The administrative tribunals and administrative courts of appeal.
- The Council of State.
- Special jurisdictions.
- Available remedies.
Hands-on work
Study and analysis of the stages of the different administrative procedures.
The different administrative appeals/applications
- Applications for judicial review ("recours pour excès de pouvoir").
- Administrative-law actions ("recours de pleine juridiction ou de plein contentieux").
- The specific case of administrative offences.
- Expeditious procedures.
Hands-on work
Study of applications for judicial review ("recours pour excès de pouvoir") and administrative-law actions.
The rules concerning the referral to the administrative judge
- Identify the competent judge.
- Recognise the rules governing the admissibility of applications (deadlines, grounds and legal standing).
- Joinder of cases and joinder of parties.
- Cases where there is no need to adjudicate.
Hands-on work
Drafting of a request (identify the grounds of law to be raised).
The enforcement of administrative court decisions
- The binding effect of judgements and enforcement.
- Penalty payments and orders.
Understanding the rules of admissibility of the statement of defence
- The validity of the representation of the legal person.
- Compliance with deadlines.
Examining the request in order to better respond
- Verify the admissibility of the appeal and its conclusions.
- Challenge the legal arguments raised in the application.
- Identify the documents to be produced.
Hands-on work
How to present and draft a statement of defence before an administrative court
Using litigation rules effectively
- Substitution of grounds.
- Defence: failure to obtain a pre-action decision
- Defence: four-year limitation period
- Invoking a cause that exonerates one's responsibility.
- The counterclaim and warranty claim.
Hands-on work
Drafting a statement of defence in view of the legal and precedential arguments presented.
