An administrative appeal is a complaint addressed to the administration in order to resolve a dispute arising from an administrative decision (Art. L410-1 Code of Relations between the Public and Administration).

To make an administrative appeal, there must first be an unfavorable decision from the administration, which can be explicit or implicit, oral or written.

This decision must generally be justified (Art. L211-2 and L211-3 Code of Relations between the Public and Administration).

To contest the unfavorable decision, you have the option of exercising an administrative appeal and/or a legal appeal.

In some cases, the administrative appeal may be mandatory before going to court, this is called a mandatory prior administrative appeal (RAPO). This is the case for:

• Tax litigation (example: contesting taxation);Access to administrative documents: appeal to the Commission for Access to Administrative Documents (CADA);
• Access to regulated professions;
• Military civil service: appeal to the military appeals commission;
• Foreign nationals litigation (example: refusal of residence permit);
• Social litigation (example: appeal against a decision of the departmental house for disabled persons (MDPH)).

The applicable rules may differ depending on the RAPO, particularly regarding the time limits for referral or the procedural modalities (which may or may not be adversarial, for example).

The decision taken following a mandatory prior administrative appeal replaces the initial decision (Art. L412-7 Code of Relations between the Public and Administration).

The administrative appeal takes two forms:

1. A gracious appeal:

The gracious appeal is addressed to the author of the contested decision (mayor, prefect, academic inspector for example). A gracious appeal can be requested in multiple situations.

Examples: gracious appeal to the mayor following a refusal of a building permit or gracious appeal to the prefect for a refusal of a residence permit.

2. A hierarchical appeal:

The hierarchical appeal is addressed to the administrative authority superior to that of the author of the decision.

Example: a hierarchical appeal can be addressed to a prefect against a decision made by a mayor, or to the Minister of the Interior for a decision made by a prefect.

It is possible to file a hierarchical appeal without having first made an administrative appeal or without waiting for the response to the administrative appeal.

Example: appeal to the rector following an unfavorable decision by a school principal (accompanying mothers during school trips).

Appeal deadlines:

To make an administrative appeal, you must act within the prescribed deadlines so that your request is not rejected. Generally, the appeal must be filed within two months following:

• The notification of the contested decision, when it is an individual act of which the applicant is the recipient; or
• The publication in the case of a regulatory or individual act whose beneficiary is a third party.The notification of the decision rendered against you must specify the deadlines and means of appeal. If this is not the case, these deadlines are not enforceable against you (Art. R421-5 of the Code of Administrative Justice), which means that you can still contest the decision even after the deadline, without however exceeding one year (Council of State, Assembly, 13 July 2016, No. 387763).

The gracious or hierarchical appeal gives an additional deadline to file a legal appeal before the administrative court. Indeed, you have 2 months to refer to the administrative court after an unfavorable decision, but this deadline is interrupted by the administrative appeal and a new 2-month period begins to run in case of refusal (Art. L411-2 of the Code of Relations between the Public and Administration).

How is the administrative appeal carried out?

The appeal is free, it can be made in writing, by email or via an online service.

When the appeal is made in writing, it is drafted on plain paper and sent by registered mail with acknowledgment of receipt, to keep proof of sending.

You must justify your appeal: explain the legal reasons and facts, particularly concerning its internal and external legality, that lead you to contest the decision, and attach a copy of the contested decision, as well as any useful documents to have the decision revised.

It is advisable to explicitly state in the appeal what you are asking the administration to do (annulment, deletion, suspension, etc.).

After analyzing the appeal, the administration can decide:

• To cancel the contested decision for the reasons invoked by the applicant or for other reasons. It can regularize the situation by taking a new decision.
• To respond negatively.
• To ignore the request, which is equivalent to an implicit refusal after 2 months in certain situations.

Failure of the administrative appeal

In certain situations, silence maintained for more than 2 months on an administrative appeal means that the concerned administration rejects the appeal (art. L 411-7 Code of Relations between the Public and the Administration). This is an implicit rejection decision.
In this case, the interested party can ask the administration for the reasons for the decision within a 2-month period. The administration must communicate the reasons for the decision within one month following the request. In case of refusal to communicate said decision, it is possible to refer to CADA.

If you are not satisfied with the decision taken, you can make a contentious appeal before the administrative judge or, in case of urgency, exercise a summary procedure.

APPLICABLE REFERENCES

Articles L410-1 to L412-8 of the Code of Relations between the Public and the Administration (general rules for administrative appeals); Articles L211-2 to L211-6 of the Code of Relations between the Public and the Administration (decisions concerned and motivation); Articles L231-4 to L231-5 of the Code of Relations between the Public and the Administration (exceptions to the rule of silence meaning acceptance); Article L232-4 of the Code of Relations between the Public and the Administration (communication of reasons for an implicit rejection decision); Articles R213-10 to R213-13 and articles L213-11 to L213-14 of the Code of Administrative Justice (mandatory preliminary mediation).

Decree No. 2022-433 of March 25, 2022 relating to the mandatory preliminary mediation procedure applicable to certain public service disputes and certain social disputes; Order of March 30, 2022 relating to the implementation of a mandatory preliminary mediation procedure applicable to certain public service disputes in the Ministry of National Education.

Council of State, Assembly, July 13. 2016, 387763