If you have been discriminated against by a public authority your complaint can be resolved in the administrative court, unless this discrimination occurred on the basis of a private law contract, such as an employment contract or a contract for the provision of goods or services.
Normally before bringing a case to the administrative court, you should have first complained to a higher institution, which is called an administrative complaint/appeal.
You should keep in mind that besides the administrative appeal you can also file a complaint to the criminal court because discrimination is a criminal offence. Read more about appealing to the criminal court.
Complaint to a higher institution
You may first submit your complaint to a higher authority within two months after the discriminatory decision was received or the discriminatory action was taken. This is called an administrative appeal/complaint. Sometimes it is compulsory to complain to these institutions before bringing a case to the administrative court.
This administrative complaint may take the form of an informal appeal (recours gracieux) or a hierarchical appeal (recours hiérarchique):
- An informal appeal (recours gracieux) is addressed to the person or authority responsible for the disputed decision or action. For example, this can be the mayor, the prefect, education inspector, the hospital etc.
- A hierarchical appeal (recours hiérarchique) is addressed to the hierarchical superior of the person/authority who made the disputed decision. For example, if the decision was taken by a prefect, the hierarchical appeal would be the Minister of Interior (Ministre de l’Intérieur)
Sometimes, it is compulsory to make one or both of these administrative appeals before bringing a case to the administrative court. It is then called a mandatory prior administrative appeal (recours administratif préalable obligatoire). This appeal applies, for example, in the following areas: tax disputes, access to administrative documents, military civil service, disputes regarding foreigners etc. When a prior administrative appeal is mandatory, it should be indicated in the decision of the administration.
Read more about informal, hierarchical and mandatory appeals.
example The complaint should be submitted to the Ministry of Labour if there has been discrimination by the State Labour Inspectorate. The higher authority will assess whether the relevant body has acted lawfully and, where there has been discrimination, it may order that certain action be undertaken and compensation paid.
If you are not satisfied with the decision of the higher authority, you may appeal it in the administrative court within two months.
Contents of the complaint
In your complaint, you should:
- indicate your personal information (name, profession, date of birth, place of birth, nationality, address)
- indicate your defendant information
- provide information that indicates that you believe discrimination (including the grounds) may have taken place (who, what, when, how)
- indicate the legal provisions which have been violated
- describe the remedy or amount of money you wish to receive in compensation
- attach all relevant documents that substantiate your opinion, if there are any.
If you do not have access to the documents or decisions that may prove the truthfulness of your claim, both the higher authority and administrative court have an obligation to investigate the matter independently and to establish the truth. This means that they have an obligation to seek all the relevant evidence themselves.
It is not compulsory to have a lawyer for this administrative appeal however it is highly recommended to be helped by a lawyer.
Appeal to the court
The administrative court will assess whether you have been discriminated against and choose the appropriate remedy for your situation.
You can lodge an appeal before the administrative court within 2 months after the administration's final decision on your appeal. If the administrative authority does not reply to your appeal after two months, the appeal is deemed to have been implicitly rejected.
The court may oblige the state institution to cease the discrimination, invalidate the decision in question, reinstate you in your previous position, and award you compensation.
The compensation may include compensation for material (pecuniary) and moral (non-pecuniary) damages.
If you are a civil servant, you can bring the case before the administrative court within five years after the discrimination has been recognised to obtain compensation.
More information about appeals to the administrative court.