French General Code of Local Authorities
In forceIn the cases provided for in articles
LO 1112-1and
LO 1112-2, the deliberative assembly of the territorial community, by a single deliberation, determines the procedures for organising the local referendum, sets the polling day, which may not take place less than two months after the deliberation has been transmitted to the State representative, convenes the electors and specifies the draft act or deliberation submitted to the electors for approval.
The executive of the territorial authority transmits the deliberation taken in application of the previous paragraph to the State representative within a maximum of eight days.
The State representative has ten days from receipt of the decision to refer it to the administrative court if he considers it to be illegal. He may include a request for suspension with his appeal.
The president of the administrative court or the magistrate delegated by him decides within one month, at first and last instance, on the request for suspension. This request shall be granted if one of the grounds invoked appears, in the state of the investigation, to be capable of creating a serious doubt as to the legality of the contested act or of the draft deliberation or act submitted to the referendum.
Where the deliberation organising the local referendum or the draft deliberation or act submitted to the referendum is of such a nature as to compromise the exercise of a public or individual freedom, the president of the administrative court or the magistrate delegated by him shall order its suspension within forty-eight hours.
