Exception d'irrecevabilité pour absence d'utilisation de télérecours !

Exception of inadmissibility for failure to use telerecours!

by gmorales the 28 March 2017 | Category: Public Law
Exception d'irrecevabilité pour absence d'utilisation de télérecours ! Exception d'irrecevabilité pour absence d'utilisation de télérecours !

TA Amiens, Ord.24 March 2017, Mr. Frederic P., n ° 1700710

Lawyers, public persons and private persons in charge of a public service: send your requests via telerecours!

By a decision of the Minister of the Interior, it was found the loss of validity of the driver's license of Mr. Frederic P., for balance of zero points. The latter appealed to the judge for interim relief in order to obtain the suspension of that decision until the merits of the judgment were finally decided. In this order, the judge of the Administrative Court of Amiens declares the application inadmissible because it is not communicated by the application Télérecours and rejects it without invitation to regularize.

Rule n ° 1: In case of representation by a lawyer, a request not transmitted by the application telerecours is inadmissible

Since the 1st January 2017, Article R. 414-1 of the Code of Administrative Justice provides for the obligation to transmit requests through the telerecours application in certain cases:

"  When presented by a lawyer, a lawyer at the Council of State and the Court of Cassation, a legal person governed by public law other than a municipality of less than 3,500 inhabitants or a private law body in charge of the management permanent public service, the application must, on pain of inadmissibility, be sent to the court by electronic means through a dedicated computer application accessible through the Internet. The same obligation applies to the other pleadings of the applicant".

From now on, the applicants represented by a lawyer, the private persons in charge of the permanent management of a public service and the public persons who do not wish to resort to the ministry of lawyer, with the exception of the small communes, must therefore present their requests. and all their other memoirs by the application télérecours, barely inadmissible. In this case, Mr. Frédéric P. was represented by a lawyer, but he did not file the application with the Administrative Court of Amiens by the application telerecours. As a result, his complaint is declared inadmissible.

Rule n ° 2: The judge is not obliged to invite to regularize a request which should have been transmitted by telerecours

When an application submitted to the obligation of transmission by the application telerecours was not sent to the court by this means, the judge has it the obligation to invite the applicant to regularize his request?

The Administrative Court of Amiens replies in the negative to this question, on the basis of Article L.522-3 of the Code of Administrative Justice, which provides: Where the request is not of an urgent nature or where it appears manifest, in the light of the request, that the request does not fall within the jurisdiction of the administrative court, that it is inadmissible or that it is wrong justified, the judge hearing the application for interim relief may dismiss it by reasoned order without it being necessary to apply the first two paragraphs of Article L. 522-1. "That" The judge hearing the application for interim relief rules after an adversarial procedure, written or oral And must promptly inform the parties of the date and time of the public hearing, including when ordering the suspension of a decision that is the subject of an application for annulment or variation.

There is an error in the text of the order, which refers to Article L.522-2 and not L.522-3 of the Code of Administrative Justice. Article L.522-2 concerned stamp duty and was repealed by Ordinance No. 2003-1235 of 22 December 2003.

The judge hearing the application for interim relief therefore declares that he is inadmissible and dismisses the application without prior request for regularization. It is surprising that the judge did not base his decision on Article R.612-1 of the Code of Administrative Justice, concerning the application for regularization.

Advice :

Lawyers, as well as public and private persons in charge of a permanent public service mission who do not wish to have recourse to the ministry of the lawyer before the administrative judge when this is not obligatory, must take care to address their introductory requests. proceedings, and all their other pleadings, at the registry of the administrative court via the telerecours application, on pain of having their application rejected without even being invited to regularize it.