MIL OSI Translation. Government of the Republic of France statements from French to English –
Source: Republic of France in French The French Republic has issued the following statement:
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By a decision of March 27, 2020, the Council of State ruled that the online publication of a prefectural order in the collection of administrative acts (RAA) was sufficient to run the time limit for litigation.
The agricultural union of small planters of Cadet Sainte-Rose had called for the suspension of the execution of a decree by which the prefect of Guadeloupe banned traffic on part of a forest road. The summary judge of the administrative court of Guadeloupe rejected this request as inadmissible, on the grounds that it was late. The request for annulment of this decree had in fact itself been filed after the expiry of the legal appeal period.
The Council of State, however, annuls the order of the summary judge for error of law. The request for suspension had to be found to be unfounded, and not inadmissible. Studying the case on the merits, he nevertheless rejected the union’s request, and confirmed that the action for annulment was very late. He considers that the publication of the act in the prefecture’s RAA posted on the prefecture’s website, under conditions guaranteeing the reliability and the date of the posting of any new act, was sufficient to cause the time limit for litigation. The administrative judge finally specified that, although the prefectural decree was then displayed at the town hall concerned, the first publicity measure at the prefecture’s RAA already caused the appeal period to run.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.