The Conseil d'État sides with the prefecture: Paris's 31 October march runs along the boulevards des Maréchaux, not Bastille to Nation. How to challenge an administrative decision urgently in France — the 48-hour référé

What happened

On the morning of Saturday 31 October, the Conseil d'État — France's highest administrative court — ruled on the route of the day's main Paris march. It sided with the police prefecture: the march is to follow the boulevards des Maréchaux between Porte de Bagnolet and Porte de Charenton, rather than going from Place de la Bastille to Nation as the organisers had asked.

It had looked different the day before. The prefecture banned the Bastille–Nation route, the organisers challenged the ban, and the Paris administrative court allowed their route. Interior minister Laurent Nuñez appealed that ruling. The Conseil d'État set it aside, finding that banning the original route and replacing it with another was necessary and proportionate to the aim of reducing the risk of violence around the event. The prefecture called on marchers to use the approved route.

If you are getting around Paris today, check the RATP website or app before you set off: on big protest days, the situation on the lines changes during the day.

Our morning post covered how protests are declared and banned in France. This one is about something else: the mechanism both sides used is not reserved for unions and ministers.

The urgent judge is open to every resident

In France, administrative decisions are challenged before the administrative courts. An ordinary case can take a long time, so there are urgent procedures called référés. Anyone affected by a decision can file one; nationality does not matter. Below are the three main ones, based on the service-public.gouv.fr pages.

Référé-liberté: when a fundamental freedom is at stake

Article L521-2 of the Code of Administrative Justice lets the urgent-matters judge (juge des référés) order any measure needed to protect a fundamental freedom that an administration, or a body entrusted with a public service, has infringed in a serious and manifestly unlawful way. Four conditions must be met: urgency, a fundamental freedom affected, a serious and manifestly unlawful infringement, and that it comes from such a body.

Service-public lists freedom of assembly, freedom of movement, freedom of expression, the right to property and the right to family life — with the example of the removal of a foreign national. Urgency is assessed more strictly here than for other référés.

• The judge rules within 48 hours.
• The judge can, for example, order housing to be provided within 24 hours or a passport to be returned — both examples given by service-public.
• A rejection can be appealed to the Conseil d'État within 15 days, which rules within 48 hours.

Référé-suspension: putting a decision on hold

This procedure suspends a decision until the court rules on the merits. The conditions are urgency and a serious doubt about the decision's legality. You must also file a main claim to annul the decision at the same time; without it, the référé-suspension is not admissible.

One of service-public's examples concerns foreigners directly: when a residence permit is refused together with an OQTF, the judge can order a temporary residence authorisation to be issued. The ruling comes between 48 hours and a month after the hearing. It can only be challenged by a cassation appeal to the Conseil d'État within 15 days, where representation by a lawyer admitted to the Conseil d'État and Cour de cassation is mandatory.

Référé « mesures utiles »: before any decision exists

Also called référé conservatoire. It lets you ask the judge to order the administration to do something before any decision has been made — for example, to hand over a document you need for your own defence. It cannot be used to block a decision that has already been taken. The ruling comes from a few days to a month after the hearing; there is no ordinary appeal, only a cassation appeal to the Conseil d'État within 15 days.

How to file

The application (requête) goes to the urgent-matters judge of the administrative court responsible for the dispute. It states your name and address, what you are asking for, a precise account of the facts and the arguments for urgency. Without a lawyer, there are three ways to file:

• online through Télérecours citoyens, ticking « référé »;
• at the court registry (greffe), in an envelope marked « référé »;
• by registered letter with acknowledgement of receipt (RAR) to the registry, with the same marking.

The procedure itself is free. A lawyer is not mandatory before the administrative court, but service-public recommends a specialist in public law. Depending on income, you can apply for aide juridictionnelle, state-funded legal aid. A Maison de justice et du droit can help you find your way for free.

Common mistakes

• Choosing the wrong procedure. The référé-liberté is not for every grievance against the administration: it needs a fundamental freedom and manifest unlawfulness.
• Filing a référé-suspension without a main claim. Without one, the application is not examined.
• Missing deadlines. An order can be challenged within 15 days; the routes and deadlines are stated in the notification of the decision.

Which procedure fits a particular situation is a question for a lawyer, not a blog: we only describe what the rules provide.