The application and the documents attached to it are made available to the foreign national’s lawyer as soon as they arrive at the court registry. They may also be consulted there, before the opening of the proceedings, by the foreign national himself, assisted, if necessary, by an interpreter if he does not speak sufficient French.
As soon as the application is received, the court clerk will immediately notify by any means the authority that requested that the foreign national be kept in the waiting area, the departmental prefect or, in Paris, the police prefect, the public prosecutor, the foreign national and his or her lawyer, if any, of the day and time of the hearing set by the judge.
The administrative authority competent to propose to the judge that the hearing take place with the use of audiovisual telecommunication means, as provided for in article L. 342-7, is the departmental prefect and, in Paris, the police prefect.
At the hearing, the administrative authority that applied for the foreign national to be kept in the waiting area or its representative, at its request or that of the judge, is heard.The foreign national, unless he or she does not appear, although duly summoned, and, if applicable, his or her lawyer, are heard. The judge will appoint an interpreter if the foreign national does not sufficiently speak French.The public prosecutor…
The order of the liberty and custody judge is made within twenty-four hours of its referral or, where the needs of the investigation so require, within forty-eight hours thereof. It is notified on the spot to the parties present at the hearing, who acknowledge receipt. The judge orally informs the parties present of the time limit for appeal and the procedures for lodging an appeal. At the same time, he…
When an order puts an end to the holding in the waiting zone and the public prosecutor considers that he does not have to ask the first president of the court of appeal to declare the appeal suspensive, he returns the order to the magistrate who issued it, mentioning on it that he does not oppose its enforcement. The order to remain at the disposal of the court is then…
The order of the liberty and detention judge may be appealed to the first president of the court of appeal or his delegate, within twenty-four hours of its pronouncement, by the foreign national, the departmental prefect and, in Paris, the police prefect. If the foreign national does not attend the hearing, the time limit runs from the date of notification. The time limit thus provided for is calculated and extended…
On pain of inadmissibility, the statement of appeal shall state the grounds on which it is based. It shall be transmitted by any means to the registry of the court of appeal, which shall register it, mentioning the date and time.The registrar of the court of appeal shall immediately notify the registrar of the judicial court, who shall transmit the file to him without delay.
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…
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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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