Translation with SYSTRAN Links

Decisions and opinion of the Council of State

The decisions of the CSA are likely of recourse in front of the Council of State. They can in particular be disputed:

  • Through summary procedure-suspension envisaged with the L521-1 article of the code of administrative justice (the judge has a power of suspension of any act since the urgency justifies it and that the applicant mentioned a means suitable to create a serious doubt as for its legality);
  • Through summary procedure-freedom envisaged with the L521-2 article of the code of administrative justice (the judge can order all necessary measures with the safeguard of a fundamental freedom since the act or the behavior of a public person is likely to conflict a gravely hurt and obviously illegal with called upon freedom);
  • Through recourse for abuse of power (the judge has a power of cancellation of the decision), authorizations of use of resource radioelectric, rejections of candidatures for such authorizations, deliberations taken pursuant to the last subparagraph of article 3-1 of the law of September 30th, 1986 (to be able to enact recommendations), formal notices, etc;
  • Through recourse of full jurisdiction (the judge has a power of cancellation and reformation of the decision), sanctions, decisions of withdrawal made pursuant to article 42-3 and decisions of regulation of disagreements taken pursuant to article 17-1 of the law (articles 42-8 and 48-8 of the law of September 30th, 1986);

Except in the case of recourse against a decision of withdrawal taken on the base of article 42-3 (article 42-9 of the law September 30th, 1986) or against a marked pecuniary penalty because of the inexecution of a decision of regulation of disagreements (article 42-15 of the law), the recourse is not suspensive; the decision thus remains applicable.

The President of the CSA can also, in accordance with article 42-10 of the law of September 30th, 1986, to ask in justice that it be ordered to the person who is responsible for failures to the obligations fixed by the same law to conform and put an end to it to the irregularity in question, to even remove the effects of them. This procedure is commonly called the “audio-visual summary procedure”.

The Council of State also lays out, under the terms of the L112-2 article of the code of administrative justice, of an advisory function. It can consequently be solicited by the Prime Minister or the ministers on any difficulty rising out of administrative matter. These opinions have the aim of pointing out or to clarify the range of the legal rules in question. They are not communicable within the meaning of the law of July 17th, 1978, but the Government can decide to make them public.