Unsuccessful by Justice

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Unsuccessful by Justice




by granny21 » 09/09/21, 14:56

Hello,
What is an ill-founded request?
Merci de votre réponse
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GuyGadeboisTheBack
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Re: Unsuccessful




by GuyGadeboisTheBack » 09/09/21, 15:06

Maitre Alexandre GABARD's blog

What is a manifestly ill-founded request?
By alexandre.gabard on Tue, 11/12/2007 - 01:21

The use of article L. 522-3 of the Code of administrative justice and its limits. Or how the summary judge can conveniently reject a request without a hearing and without an adversarial debate ...


The congestion of the courts, and the need for them to take care of their statistics, unfortunately generate a comeback in the inadmissibility of applications (See a recent contribution on this point by our colleague Frédéric Rollin: http://frederic-rolin.blogspirit.com/ar ... recevabi...).

A topical example of this race for productivity can be found in the apparently increasing use of Article L. 522-3 of the Code of Administrative Justice, according to which:

"When the request is not of an urgent nature or when it appears manifest, in view of the request, that it does not fall within the competence of the administrative court, that it is inadmissible or that it is ill-founded, the judge may reject it by a reasoned order without there being any need to apply the first two paragraphs of article L. 522-1 ”.

Like any derogatory rule, the device set by this article is of strict interpretation.

In other words, the option for the interim judge to reject a request within the framework of the aforementioned special provisions can only be exercised, when the reason lies in the absence of serious means, when the request is manifestly ill-founded (CE 19 July 2002, M. Bidalou, req. n ° 248796).

According to the jurisprudence of the Council of State, can be considered as manifestly ill-founded, the requests:

- "whose writings are drafted in vague and general terms [and which] does not invoke any specific legal remedy" (CE March 22, 2007, M. Serge A, req. N ° 303883; January 3, 2007, req. N ° 300244),

- which "does not present before the summary proceedings judge of the Council of State any precise indication on the documents in question and does not formulate any legal means against the contested decision" (CE August 18, 2005, M. Kodjo A, req. No. 284166);

- which contains only ineffective means (CE October 14, 2002, Ms. Fatma X, req. n ° 250868);

Suffice to say that the derogatory application of Article L. 522-3 of the Code of Administrative Justice only concerns, on the merits, the hypothesis where the ill-foundedness of the request is certain, and that this deficiency cannot, to Obviously, be regularized before the hearing provided for in Article L. 522-1 of the Code of Administrative Justice.

It could not be otherwise, insofar as the interim proceedings being oral, each of the parties, starting with the applicant, is likely to raise new pleas, or to produce new facts or evidence. right until the hearing.

However, the summary judge of the Administrative Court of Melun has just rejected a request on the basis of article L. 522-3 of the Code of administrative justice, without hearing and without adversarial proceedings, considering that none of the means seemed appropriate to create, in the state of the investigation, a serious doubt as to the legality of the decision of 21 November 2006 (TA 21 August 2007, M. Z, req. n ° 0704017/2).

The request thus rejected did not, however, manifestly present only ineffective, vague and imprecise or manifestly ill-founded grounds.

The applicant, who requested the suspension of a refusal to renew a residence permit, had indeed raised pleas alleging the incompetence of the signatory of the decision, the exception of illegality of a first implied decision. rejection of the applicant's residence permit application, the error of fact and the error of law marring the contested decision.

Several of the pleas raised could moreover be rejected only after examination of the observations and documents of the administration which, in this case, was not even invited to produce them!

The request was further supported by a statement of facts provided, and supporting documents.

The use of Article L. 522-3 of the Code of Administrative Justice thus seems, in this case, to be abusive.

And the use of this device is in this case all the more shocking that the judge of the summary proceedings did not even motivate his order other than by "the lack of proper means to create, in the state of the investigation , a serious doubt as to the legality of the decision ”.

In the special and derogatory framework of Article L. 522-3 of the Code of Administrative Justice, which takes care to condition its implementation by the obligation for the judge in summary proceedings to issue a "reasoned order", the motivation does not seems to be able to be reduced to the simple expression of a lack of "means capable of creating, in the state of the investigation, a serious doubt as to the legality of the decision", which can only be justified in the common system summary proceedings with an adversarial investigation and a hearing.

It will be up to the Council of State to decide on the ease of use by the administrative judge of such a device which, while it certainly makes it possible to speed up the processing of stocks of requests, poses a significant risk to the right of litigants to access to a judge and to a fair trial.

To be continued, therefore.

https://blogavocat.fr/space/alexandre.gabard/contents
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Re: Unsuccessful




by Christophe » 09/09/21, 16:43

mamie21 wrote:Hello,
What is an ill-founded request?
Merci de votre réponse


Uh what are you talking about?

After the sleeping pills you want to attack justice? pollution-prevention-health / sleep-disorders-t16932.html

: Shock: : Shock: : Shock:
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Re: Unsuccessful




by GuyGadeboisTheBack » 09/09/21, 18:42

Christophe wrote:
mamie21 wrote:Hello,
What is an ill-founded request?
Merci de votre réponse


Uh what are you talking about?

After the sleeping pills you want to attack justice? pollution-prevention-health / sleep-disorders-t16932.html

: Shock: : Shock: : Shock:

I answered, was it wrong?
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"It is better to mobilize your intelligence on bullshit than to mobilize your bullshit on smart things. The most serious disease of the brain is to think." (J. Rouxel)
"No ?" ©
"By definition the cause is the product of the effect" .... "There is absolutely nothing to do about the climate" .... "Nature is shit". (Exnihiloest, aka Blédina)
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Re: Unsuccessful




by Christophe » 10/09/21, 01:07

We will see that she ad granny21iemesiecle will place us!
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Re: Unsuccessful




by GuyGadeboisTheBack » 10/09/21, 11:51

Hello,
Do you know a good method for dandruff?
Merci de votre réponse
: Mrgreen:
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"It is better to mobilize your intelligence on bullshit than to mobilize your bullshit on smart things. The most serious disease of the brain is to think." (J. Rouxel)
"No ?" ©
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Re: Unsuccessful




by Christophe » 10/09/21, 12:10

Ha bin, this may be her 3rd message ... she had an accomplice: fred89-u23720 /
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Re: Unsuccessful by Justice




by CharlieG » 10/09/21, 14:07

mamie21 wrote:Hello,
What is an ill-founded request?
Merci de votre réponse


Hello,
In law, to reject means to reject. When a person's claim in court is rejected, it is said that their claim has been denied. The verb debouter is used exclusively in the field of law. A dismissed action is a court decision that rejects the plaintiff's or plaintiff's claim. A court can reject the claimant at different stages of the proceedings, regardless of the degree of jurisdiction (first or second degree). An application is rejected when the judge considers that the application is admissible on the form, but that it is not based on the substance. We only speak of a rejection judgment when the request is unfounded (we cannot speak of dismiss for any other reason which is not ill-founded). The plaintiff is then said to have lost the case.
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Re: Unsuccessful by Justice




by Macro » 10/09/21, 15:43

From rejected by justice to disgusted by injustice there is not a long way. : Cheesy:
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