CHAPTER II: Control of legality

The State representative shall refer to the administrative court the acts mentioned in article

LO 6341-2

that it considers to be contrary to the law within two months of their transmission.

When the representative of the State refers an act to the administrative court, he informs the authority of the local authority without delay and provides it with full details of the illegalities invoked against the act concerned.

At the request of the president of the territorial council, the representative of the State shall inform him of his intention not to refer to the administrative court an act of the authorities of the local authority which has been transmitted to him pursuant to the

articles LO 6341-1

and

L. 6341-5.

The State representative may include a request for suspension with his appeal. This request will be granted if one of the grounds invoked appears, in the state of the investigation, to create a serious doubt as to the legality of the contested act. A decision shall be taken within one month.

Until such time as the president of the administrative court or the magistrate delegated by him has ruled, the 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 ruled, the act becomes enforceable again.

Where the State representative accompanies an appeal against an act taken pursuant to article

LO 6351-2

of a request for suspension, made within the fifteen-day period provided for in article LO 6341-1, this act may not come into force before the administrative court has ruled on this request. If the administrative court has not rendered its decision within three months of the matter being referred to it, the act shall once again become enforceable. The provisions of this paragraph are not applicable in tax matters.

Where the contested act is likely to compromise the exercise of a public or individual freedom, 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 interim relief judge will give a ruling within forty-eight hours.