Paragraph 2: Application for a declaration that the appeal has suspensive effect

When the public prosecutor intends to ask the first president of the court of appeal to declare the appeal suspensive, he must lodge an appeal within ten hours of the order being handed down. It shall notify the declaration of appeal, immediately and by any means, to the administrative authority, to the foreign national and, where applicable, to his lawyer, who shall acknowledge receipt thereof.The notification shall state that observations…

The first president of the court of appeal or his delegate shall rule on the request to declare the appeal suspensive, after the foreign national or his counsel has been given the opportunity to submit his observations, in accordance with the procedures defined in article R. 342-10.The decision of the first president or his delegate on the suspensive nature of the appeal is brought to the attention of the foreign…