ADMINISTRATIVE CODE OF JUSTICE
LexInter | October 10, 2017 | 0 Comments

ADMINISTRATIVE CODE OF JUSTICE

Section 1: General provisions

Article L232-1

   The Superior Council of Administrative Courts and Administrative Courts of Appeal exercises alone, with regard to members of administrative courts and administrative courts of appeal, the powers conferred by Articles 14 and 15 of Law No. 84-16 of 11 January 1984 on statutory provisions relating to the civil service of the State, joint administrative committees, joint technical committees and the special committee responsible for giving an opinion on the external tour, secondment, integration after secondment and additional recruitment . He hears all questions relating to the particular status of the body of administrative tribunals and administrative courts of appeal.
In addition, it makes proposals on the appointments, secondments and integrations provided for in Articles L. 233-3, L. 233-4 and L. 233-5.

Article L232-2

(Law n ° 2002-1138 of September 9, 2002 art. 54 Official Journal of September 10, 2002 in force on January 1, 2003)

The Superior Council of Administrative Courts and Administrative Courts of Appeal is chaired by the Vice-President of the Council of State and also includes:
1 ° The Councilor of State, head of the permanent inspection mission of administrative courts;
2 ° The director general of the public service;
3 ° The secretary general of the Council of State;
4 ° The director in charge of the judicial services at the Ministry of Justice;
5 ° Five representatives of the members of the body, elected by list system from among all the members of the body of administrative tribunals and administrative courts of appeal and agents seconded for more than two years in the said body. These lists may be incomplete;
6 ° Three personalities who do not exercise an elective mandate appointed, for a period of three years not renewable, respectively by the President of the Republic, the President of the National Assembly and the President of the Senate.
The mandate of representatives of members of administrative tribunals and administrative courts of appeal is for a period of three years. It is renewable only once. However, seconded agents elected to the Board of Governors automatically resign from their mandate as soon as their secondment ends.

Article L232-3

   If the vice-president of the Council of State is unable to attend, the presidency is assumed as of right by the Councilor of State, head of the permanent inspection mission for administrative jurisdictions. The latter is himself replaced by a Councilor of State appointed by the vice-president.
The deputies of the representatives of the administration to the Superior Council of the administrative tribunals and administrative courts of appeal are appointed by the ministers to whom they report.

Article L232-4

   If there is an equal division of votes in the cases provided for in the second paragraph of article L. 232-1, the chairman’s vote is decisive.

CODE OF ADMINISTRATIVE JUSTICE
(Legislative Part)

Section 3: Operation of the Board of Governors

Article L232-4-1

(inserted by Law n ° 2002-1138 of September 9, 2002 art. 3 Official Journal of September 10, 2002)

The Superior Council of Administrative Courts and Administrative Courts of Appeal always sits in the same composition, regardless of the hierarchical level of the magistrates whose case is examined.

 

CODE OF ADMINISTRATIVE JUSTICE
(Legislative Part)

 

Section 4: The Secretary General of Administrative Courts and Administrative Courts of Appeal

Article L232-5

   A secretary general of administrative courts and administrative courts of appeal belonging to the body of administrative courts and administrative courts of appeal is appointed on the proposal of the Board of Governors. During the exercise of his functions, he cannot benefit from any advancement. He exercises his functions for a period which cannot exceed five years. Its mission is in particular:
– to provide the secretariat of the Board of Governors;
– manage the registries of courts and courts and organize the training of their staff;
– to coordinate the needs of the courts and the courts in material, technical means and documentation.

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