Before adopting an act likely to be referred to the administrative court, local authorities or their groupings as well as their public establishments may refer to the State representative responsible for controlling the legality of their acts a request for a formal position relating to the implementation of a legislative or regulatory provision governing the exercise of their powers or the prerogatives devolved to their executive. The request must be written, precise and complete. It shall include the transmission of the question of law on which a formal position is requested as well as the draft act.
If the representative of the State remains silent for three months, no formal position has been taken.
If the act complies with the formal position taken, the representative of the State may not refer it to the administrative court on the grounds of the question of law raised, unless there has been a change in circumstances.
The terms and conditions for the application of this article shall be laid down by decree in the Conseil d’Etat.