CHAPTER III: Specific judicial review of acts of the Territorial Council falling within the scope of the law

The acts mentioned in article LO 6251-2 and the first paragraphs of I and II of Article LO 6251-3 falling within the scope of the law may be challenged by means of a reasoned appeal brought before the Conseil d’Etat within two months of their publication in the Journal officiel de Saint-Barthélemy.

Appeals by the representative of the State against the acts mentioned in article LO 6243-1, formed in accordance with the procedures set out in articles LO 6242-1 and LO 6242-2, are also brought before the Conseil d’Etat. When the representative of the State accompanies an appeal against an act with a request for suspension, made within the fifteen-day period provided for in article LO 6241-1, this act may not enter…

As soon as the matter is referred to it, the litigation secretariat of the Conseil d’Etat informs the president of the territorial council. The litigation procedure applicable to the specific judicial review of the acts mentioned in article LO 6243-1 is that applicable to appeals on grounds of ultra vires before the Conseil d’Etat.

The Conseil d’Etat shall rule on the conformity of the acts provided for in article LO 6251-2 with regard to the Constitution, organic laws, France’s international commitments and general principles of law. The Conseil d’Etat gives its ruling within three months of the matter being referred to it. Its decision is published in the Journal officiel de la République française and the Journal officiel de Saint-Barthélemy.

Where, in the course of a dispute before a court or tribunal, a party raises a serious plea that an act referred to in Article LO 6251-2 with the Constitution, the organic laws, France’s international commitments or the general principles of law, and that this question affects the outcome of the dispute or the validity of the procedure, or constitutes the basis for the prosecution, the court shall immediately refer…