Section 2: Superior Court of Arbitration

The members of the Superior Court of Arbitration are appointed by decree for a term of three years.

The High Court of Arbitration is composed, in addition to its President, who is a Vice-President of the Conseil d’Etat or a Section President of the Conseil d’Etat in office or with honorary status: 1° Four members of the Conseil d’Etat in office or with honorary status; 2° Four senior members of the judiciary in office or with honorary status.

Councillors of State and magistrates, whether serving or honorary, are appointed as alternates in equal numbers to the full members for the same period. They are appointed for a period of three years by decree issued on the joint report of the Minister of Labour and the Minister of Justice.

If the President of the Superior Court of Arbitration is absent or unable to act, the hearing is chaired by the most senior Conseiller d’Etat, who is a full member of the Court. In this case, the court is completed by a Conseiller d’Etat, alternate member.

When one of the members of the Superior Court of Arbitration loses the capacity for which he was appointed, his successor shall be appointed by decree. The successor shall remain in office until the expiry of the normal term of office of the member replaced. In the event of a vacancy arising from death or resignation, the appointment procedure is identical.

The members of the Superior Court of Arbitration may only deliberate in odd numbers. If the Court meets in an even number, the oldest member shall abstain from deliberating. The Court shall not rule unless at least five members are present. The presence of seven members is required when the court renders an award under the conditions provided for in the third paragraph of article L. 2524-9.

Maître des requêtes or auditeur at the Conseil d’Etat, Conseiller référendaire or auditeur at the Cour des Comptes (Court of Auditors) will conclude each case. They are appointed Government Commissioners to the Court by order of the Prime Minister and the Minister of Justice respectively.

Maître des requêtes or auditors at the Conseil d’Etat, Conseiller référendaire or auditors at the Cour des Comptes are attached to the Superior Court of Arbitration as rapporteurs. They are appointed in the same way as the Government Commissioners. They have an advisory vote in the cases they are asked to report on.

The Secretary and Deputy Secretary of the Superior Court of Arbitration are appointed by the Vice-President of the Conseil d’Etat from among the civil servants in the departments of the Conseil d’Etat. In the event of surplus activity, the secretarial service is provided: 1° Either by specially recruited civil servants; 2° Or by civil servants made available to the Court by the Minister for Employment.

The Superior Court of Arbitration is based at the Council of State.