Section 3: Appeal procedures

The orders of the liberties and detention judge referred to in this section may be appealed to the first president of the court of appeal or his delegate.The appeal may be lodged by the foreign national, the public prosecutor and the competent administrative authority.The first president of the court of appeal or his delegate is seised without form and must give a ruling within forty-eight hours of the referral.

The appeal does not have suspensive effect.However, the public prosecutor may ask the first president of the court of appeal or his delegate to declare his appeal suspensive. In this case, the appeal, together with the request, must be lodged within ten hours of notification of the order to the public prosecutor and forwarded to the first president of the court of appeal or his delegate. The latter will decide,…

The first president of the court of appeal or his delegate may, by reasoned order and without having first summoned the parties, reject manifestly inadmissible statements of appeal.

The procedural or formal rules set out in articles L. 342-7 to L. 342-10 as well as the first paragraph of article L. 342-11 are applicable on appeal. The rules set out in articles L. 342-8, L. 342-9 and L. 342-10 are also applicable before the Cour de cassation.