CHAPTER II: Control of legality

The State representative shall refer to the administrative court the acts mentioned in article LO 6341-2 that it considers to be contrary to the law within two months of their transmission. When the representative of the State refers an act to the administrative court, he informs the authority of the local authority without delay and provides it with full details of the illegalities invoked against the act concerned. At the…

Without prejudice to the direct recourse available to it, if a natural or legal person is injured by an act mentioned in articles LO 6341-2 and LO 6341-3, it may, within two months of the date on which the act became enforceable, request the representative of the State to implement the procedure provided for in article LO 6342-1. For the acts mentioned in Article LO 6341-2, this request may not…

The following are illegal: 1° Deliberations in which one or more members of the territorial council with an interest in the matter that is the subject of the deliberation have taken part, either in their personal name or as agents; 2° Decisions and deliberations by which the local authority waives, either directly or by means of a contractual clause, the right to bring any liability action against any natural or…

When an appeal for misuse of power or an appeal for assessment of legality directed against the acts mentioned in 1° to 3° of article LO 6341-2 and that this appeal is based on a serious plea alleging the incorrect application of the division of powers between the State and the local authority or that this plea is raised ex officio, it immediately forwards the case to the Conseil d’Etat…

The President of the Territorial Council shall bring to the attention of the members of the Territorial Council, at the next meeting of the Territorial Council following notification to him, the decisions of the administrative or judicial courts which rule on the legality of the acts of the institutions of the collectivity.

Articles LO 6341-1 to LO 6342-6 are applicable to the local authority’s public establishments.