Motorcycle license – Driving license: against the removal of the right of appeal –

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Driving license: against the abolition of the right of appeal

Motorcycle license - Driving license: against the removal of the right of appeal -

The Automobile Club des Avocats (ACDA) and the League for the Defense of Drivers (LDC) have filed a complaint with the Council of State against the decree of August 13, 2013 removing the right of appeal previously offered to users of the route in matters of driving license disputes.

The Automobile Club des Avocats (ACDA) and the League for the Defense of Drivers (LDC) have filed a complaint with the Council of State against the decree of August 13, 2013 removing the right of appeal previously offered to users of the route in matters of driving license disputes.

"The administrative court rules in first and last resort on disputes relating to driving licenses"
According to article 4 of decree n ° 2013-730 of August 13, 2013 amending the code of administrative justice, article R. 811-1 is amended as follows:

1 ° The second paragraph is replaced by the following provisions: However, the administrative court rules in first and last instance:
(…)
6 ° On disputes relating to driving licenses;
(…)

Extract from

According to this decree, applicable from January 1, 2014, the administrative courts seized of a dispute relating to the loss of points, the invalidation or the suspension of driving licenses will rule in first and last instance..

Concretely, "the motorist will no longer be able to appeal the decision to an administrative court of appeal but will then have to refer the matter to the Council of State by necessarily having recourse to the additional services of a lawyer at the Council of State, which no driver will not do in view of the burden and cost of the procedure ", explain the ACDA and the LDC.

The "traditional" lawyers (outside the Council of State) therefore lost the "market" of motorists – and motorcyclists – wishing to contest a sanction, but above all the two associations deplore the creation of a two-speed justice by noting that "the motorist (and the biker, editor’s note) is once again not treated like any litigant ".

For Christiane Bayard, secretary general of the League for the Defense of Drivers, "drivers are literally deprived of their rights in the name of a desire to unclog the courts". "What will be the next step", ask the lawyers Remy Josseaume and Jean-Charles Teissedre: "the elimination of all recourse for the motorist?"

However, for the lawyers of the two associations, "there is no doubt that if France does not repeal this decree, the European Court of Human Rights will sooner or later be seized of this question".

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