French General Code of Local Authorities
In forceThe representative of the State in the region shall refer to the administrative court the acts mentioned in Article L. 4141-2 that he considers contrary to legality within two months of their transmission.
When the representative of the State in the region refers an act to the administrative court, he shall inform the regional authority without delay and provide it with all details of the illegalities invoked against the act concerned. At the request of the president of the regional council, the representative of the State in the region shall inform him of his intention not to refer to the administrative court an act of the regional authorities which has been sent to him pursuant to the articles L. 4141-1 and L. 4141-2.
The State representative may include a request for suspension with his appeal. This request will be granted if one of the grounds put forward appears, given the state of the investigation, to be such as to create serious doubt as to the legality of the contested act. A decision is taken within one month.
Until such time as the president of the administrative court or the magistrate delegated by him has taken a decision, a request for suspension in matters of town planning, contracts and delegation of public services formulated by the representative of the State within ten days of receipt of the act entails the suspension of the latter. At the end of a period of one month from receipt, if the interim relief judge has not given a ruling, the act becomes enforceable again.
When the contested act is of such a nature as to compromise the exercise of a public or individual freedom, or to seriously undermine the principles of secularism and neutrality of public services, the president of the administrative court or the magistrate delegated for this purpose shall order its suspension within forty-eight hours. The suspension decision may be appealed to the Conseil d'Etat within fifteen days of notification. In this case, the President of the Litigation Section of the Conseil d'Etat or a State Councillor delegated for this purpose shall rule within a period of forty-eight hours.
An appeal against the judgements of the administrative tribunal as well as the decisions relating to the requests for suspension provided for in the previous paragraphs, made on appeal by the State representative, shall be lodged by the latter.
