Article R2333-120-43 of the French General Code of Local Authorities
November 5, 2023
The Commission may order any investigation it deems appropriate.
The Commission may order any investigation it deems appropriate.
The commune, the public establishment for inter-communal cooperation or the competent mixed syndicate has a period of one month from the date on which the application is communicated to it to produce a statement of defence. This communication constitutes formal notice. Failing production, the investigation is closed and the defendant is deemed to have acquiesced in the facts set out in the applicant’s request.
If it appears from the application that the case is already certain to be resolved, the magistrate responsible for investigating the case may decide that there are no grounds for an investigation.
The judge ruling alone or the chairman of the panel may reopen the investigation by a decision which is not reasoned and cannot be appealed. This decision shall be communicated by any means allowing proof of its receipt by the addressees. Briefs that may have been produced during the period between the closure and the reopening of the investigation shall be communicated to the parties if they contain new information.
In cases that are not ready for trial, the proceedings are suspended by notification of the death of one of the parties or, by the mere fact of the death, resignation, disqualification or removal of his lawyer. This suspension lasts until formal notice is given to resume the proceedings or to appoint a lawyer.
The Chairman of the Commission or the magistrate designated by him decides to call the case for a hearing if the difficulty of the question raised so warrants.
When a case is called to hearing, the parties shall be notified, by any means allowing proof of receipt by the addressees, at least seven days before the day of the hearing. Parties or their agents who use electronic means may be summoned to the hearing by the same means. The provisions of article R. 2333-120-42 are applicable. The notice of hearing informs the parties of the closing date of…
Commission hearings are public. The judge ruling alone or the chairman of the panel ensures the order of the hearing and directs the proceedings. Persons attending the hearing must behave in a dignified manner and show the respect due to justice. It is forbidden for them to speak without having been invited to do so, to give signs of approval or disapproval, or to cause any disorder whatsoever. He may…
After the report on each case by the investigating magistrate, the parties may present oral observations in support of their written submissions, either in person or through their representative. The panel or the magistrate ruling alone may also hear the agents of the competent administration or call them before the court to provide explanations and, exceptionally, request clarifications from any person present whom one of the parties wishes to hear.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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