Regulatory part - Council of State decrees

The chairman of the commission provided for in Article 16-2 and his alternate shall be appointed annually by the bureau of the Cour de cassation from among the members of the commission. The secretary of the committee is appointed by the first president of the Cour de cassation from among the court registrars of that court.

The appeal provided for in Article 16-2 shall be made by means of a request signed by the judicial police officer and delivered or addressed to the secretary of the commission, who shall issue a receipt. This application shall contain all relevant information about the decision to suspend or withdraw the authorisation.

Upon receipt of the request, the secretary of the commission forwards a copy to the public prosecutor at the Cour de cassation and to the public prosecutor who took the decision to suspend or withdraw authorisation. The applicant’s judicial police officer file is sent to the commission’s secretariat together with a reasoned report from the public prosecutor who took the decision.

Within fifteen days of receiving the request, the chairman shall assign the report to one of the members of the commission.

The committee shall carry out or have carried out, either by one of its members or by rogatory commission, all useful investigative measures, in particular, if necessary, the hearing of the claimant who may be assisted by counsel of his choice. The Public Prosecutor at the Court of Cassation shall lodge his submissions with the secretariat at least twenty days before the date of the hearing.