A look at the impact of the French State of Health Emergency on deadlines before administrative courts and the Constitutional Council

Deadlines for challenging before administrative courts: if the statutory deadline expires between March 12^th and June 25^th, the deadline starts to run again from the latter date for its initial duration not exceeding two months

• Example : In the case of a claim subject to the ordinary 2-month deadline, if the latter expires on March 30^th, the claim will be admissible until August 25^th, 2020. In case of the challenging of a prefectoral order permitting the operation of a classified facility published January 12^th, 4-month deadline opened to third parties expires May 13^th, 2020. This latter deadline starts to run again from 25^th June 2020 for its 4-month initial duration not exceeding two months. Thus, the prefectoral order published January 12^th could be challenged by third parties until 25^th August

Investigative deadlines for administrative courts

• Investigation closing dated between March 12th and May 25th are postponed on June 25th 2020.
• Others investigation measures decided by courts expiring between March 12th and June 25th are expanded until August 25th

• Examples : request for the submission of a brief or a document, request for the regularization of a claim

• Deadlines of investigation measures statutory provided expiring between March 12^th and June 25^th will start to run again for all their duration until August 25^th

Deadlines imposed on administrative courts for ruling: Deadlines running in whole or in part during the period from March 12^th to May 25^th are postponed until July 1^st, 2020

Examination deadlines for a priority preliminary ruling on the issue of constitutionality (QPC) during the French State of Health Emergency

• Case 1 : 3-month QPC examination deadline imposed on the French Conseil d’Etat and Cour de cassation, started from the date of referral by a lower court, is suspended until June 30^th, 2020

• Example : If a lower court referred to the French Conseil d’Etat on January 31^st concerning a QPC demand, the Conseil d’Etat must rule before July 31^st, 2020

• Case 2 : 3-month QPC examination deadline imposed on the French Conseil d’Etat and Cour de cassation, started from the date of first submission before them, is suspended until June 30^th, 2020

• Example : If request for a QPC dated January 31^st is first submitted before the French Conseil d’Etat, the latter must rule before July 31^st, 2020

• Case 3 : 3-month QPC deadline imposed on the French Conseil constitutionnel for ruling is suspended until June 30^th, 2020

• Example : If the French Conseil d’Etat has referred to Conseil constitutionnel concerning a QPC demand on January 31^st, the latter must rule before July 31^st 2020