French Public Health Code
In forceWhen a Disciplinary Board receives a complaint or an application that it considers falls within the jurisdiction of another Disciplinary Board, its Chairman shall forward the file to that Board without delay, in a non-reasoned order that is not subject to appeal and does not have the force of res judicata.
However, the Chairman shall be competent to reject complaints or applications that are manifestly inadmissible and cannot be remedied in the course of proceedings, or to rule that there is no need to give a ruling.
The parties shall be notified without delay of the orders made pursuant to the two preceding paragraphs.
If the President of the Chamber to which a case has been referred pursuant to the first paragraph considers that this court does not have jurisdiction, he shall refer the case without delay to the President of the National Disciplinary Chamber, who shall settle the question of jurisdiction in the manner provided for in the first paragraph.
When a chamber to which a case has been referred pursuant to the first paragraph has not had recourse to the provisions of the preceding paragraph or when it has been declared competent by the president of the national disciplinary chamber, its competence may no longer be called into question either by itself or by the parties, or ex officio by the judge of appeal or cassation, unless it raises the lack of competence of the administrative court.
When the president of a chamber to which a case is referred finds that one of the members of the chamber is in question or considers that there is another objective reason to call into question the impartiality of the chamber, he shall forward the case file, in the manner provided for in the first paragraph, to the president of the national disciplinary chamber, who shall assign the judgement to the chamber that he designates.
Procedural acts duly completed before the chamber first seised shall remain valid before the referring chamber, which is responsible for deciding the case.
