The AJR receives the documents emanating from the court (when it is summoned to joinder) or mails through which an administration asks it to place an action in court or represent it as a defendant.
If the AJR is to be in charge of the dispute in question, given the powers of the institution, the person in charge of the case checks whether the required documents have been attached to the letter. The missing documents are requested by a written document from the court or recovered on site.
The person in charge of the case also checks if it has the necessary elements to prepare a response, and when required requests the necessary documents from the concerned authority. It also coordinates with it to secure the legal defense strategy and discuss defenses to raise. The person in charge of the case examines the case in light of what has preceded and the collected information (legislation, jurisprudence, doctrine...) and prepares its acts of defense. He ensures the follow-up of the case through replicas and takes the necessary measures and procedures until the judgment is passed.
As soon as the AJR is informed about the decision:
It informs the administration of the content of the decision,
Requests a copy of the judgment from the court if necessary
Case1: If the judgment is favorable to the administration:
There shall be:
Copy of the judgment sent to the administration in case it has not already been notified,
The request for notification of the judgment to the opposing party.
Upon receipt of the appeal request of the opposing party, there shall be:
The search for additional information from the concerned administration, if necessary, in the light of new defenses raised by the appellant.
The preparation and submission of the thesis and the payment of the court fee if applicable,
The payment of expertise expenses when needed
Assistance in investigations, emergency findings and legal expertise ordered by the court if necessary
Follow up of the procedure like the first stage until the outcome of the appeal.
Once the decision of appeal is made known, two scenarios are possible:
A copy of the received judgment is addressed to the administration in case it is not already notified;
In-depth study of the judgment to identify failures to make use of within the framework of the remedy to bring;
Request additional information from the concerned administration, whenever necessary;
Preparation of the request for appeal or opposition;
Filing the petition of appeal or opposition with the payment of court fees if required;
Payment of expertise expenses when needed;
Assistance to forensic examinations ordered by the court if necessary;
Continuation of the usual procedure until a decision is rendered.
Poursuite de la procédure habituelle jusqu'à ce que la décision soit rendue.
Once the decision of appeal is made known, two scenarios are possible:
Case 1: If the judgment is favorable to the administration:
The person in charge of the case proceeds as follows:
Sends a copy of the judgment to the administration;
Requests for notification of the judgment to the opposing party;
Launches an execution procedure of the judgment if applicable.
If the opposing party appeals to the Supreme Court, the person in charge of the case shall:
The preparation of the response;
The filing of the response and the information from the concerned administration;
Monitoring of the record until issuance of the decision of the court of cassation.
Case 2: If the judgment is not favorable to the administration
The person in charge of the case shall:
receive the judgment from the court of second instance and will send a copy to the administration;
Thoroughly study of the judgment to judge the appropriateness of an
If this procedure is necessary, the person in charge of the case
Send a request to the Head of Delegation of the Government or the head of the administration involved in the dispute;
Prepares the request for cassation, submits it to the Court of Appeal and follow the payment of the judicial tax in case of need;
Keeps track of the record until issuance of the decision of the Court of Cassation;
Informs the relevant administration of the provisions of the judgment of the Court of Cassation.
The decision of the Court of Cassation may be favorable or unfavorable to the State:
If the judgment of the Court of Cassation orders the referral of the case to the Court of Appeal, the person in charge of the case prepares the conclusions after Cassation and transfer and monitors the procedure related to the appeal stage.
If the judgment dismisses the appeal, the person in charge of the case shall proceed as follows:
He will inform the administration and encourage it to take the necessary measures for the execution of the judgment of the court of appeal if he is entitled to;
If the judgment must be executed on the common charges, he expects the execution request from the other party to proceed with the execution.