Education

#2019-892Decree 2019-892 on University Leaders' Role in State Litigation

🇫🇷France··Other·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

This law allows university leaders in France to represent the state in administrative courts when disputes arise from their delegated decisions. It ensures that they can defend the state in legal matters stemming from their actions unless an appeal is involved. Affecting universities and higher education institutions, leaders must be aware of their new responsibilities in state litigation.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • University leaders can represent the state in administrative courts.
  • Applies to disputes from their delegated decisions.
  • Excludes cases with certain appeals.

Obligations

What this law requires

high

University presidents and presidents/directors of other public higher education institutions must present written defenses and observations on behalf of the State before administrative courts when litigation arises from decisions made under their delegated powers per Article L. 951-3

Presidents of universities and presidents/directors of public higher education institutions
operational
high

University leaders must present defenses before administrative appeal courts (cours administratives d'appel) when litigation stems from decisions within their delegated authority, except in cases where incident appeal conclusions are presented on behalf of the State

Presidents of universities and presidents/directors of public higher education institutions
operational
high

University leaders must refrain from presenting defenses when incident appeal conclusions (conclusions d'appel incident) are presented on behalf of the State

Presidents of universities and presidents/directors of public higher education institutions
prohibition
medium

The decree applies to all requests registered before administrative courts beginning September 1, 2019

All administrative courts and higher education institutions
operational
high

University presidents and presidents/directors of other public higher education institutions must present written defenses (mémoires and observations) on behalf of the State before administrative courts when litigation arises from decisions made under their delegated powers per Article L. 951-3

Presidents of universities and presidents/directors of public higher education institutions
operational

Affected Parties

University leadersHigher education institutions

Tags

education,university,litigation