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Emergency appointment at the prefecture | Fast procedures

8 Jul 2024·5 min read
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What is an emergency appointment at the prefecture?

Urgency requirement

The court recognized a “useful measure” in case of urgency. Mandatory internship was crucial for the student enrolled in a Master's program. This internship is necessary to validate their course.

The court had to act quickly. Without the internship, the student risked losing a year. Do you understand why quick intervention was necessary?

Condition for enrollment in Master's and mandatory internship

The Master's student had to complete their mandatory internship. Without it, they would not be able to validate their year. This would jeopardize their future job opportunities.

Why request an emergency appointment?

Requested for the mandatory internship, crucial for the Master's program. The internship was necessary to validate the year. This could have delayed the graduation and harmed future job opportunities.

Risk of losing an academic year

The internship was essential to complete the Master's program. Without having done it, the student would have fallen behind. They could also have missed out on good opportunities in the future.

Validation of the university curriculum

The internship was essential for the validation of the Master's program. Without this validation, obtaining the degree would have been more difficult. Job opportunities could have been affected as well.

Obtaining the degree

The internship was necessary for the obtaining of the Master's degree. Not doing it would have delayed the graduation. This could also have limited job opportunities.

emergency appointment prefecture

emergency appointment prefecture

Context of the request

A student from Morocco pursuing a Master's requested an appointment in September 2023. They used the site simplified procedures for this. However, the sub-prefecture of Argenteuil offered to see them only in January 2025.

This young person needed to start a necessary internship in April 2024. Given the waiting time, they sought help from the administrative court. They wanted to register their residency permit application more quickly.

Court's response

The administrative court of Cergy-Pontoise agreed to help. They told the Prefect of Val-d'Oise to provide an appointment within fifteen days. This was to allow the student to validate their application more quickly.

“Useful measure” summary procedure

The summary useful measure helps to protect a right quickly. Without stopping a decision already made by the administration. It is used when there is urgency. Quick action can prevent significant harm.

Legal basis

The summary procedure “useful measure” has its basis in law. It serves to take urgent actions, according to the courts. It is stated in Article L521-3 of the Code of Administrative Justice.

Case law and practice

In fact, courts often use the summary useful measure for urgent cases. In these situations, quick action is needed to avoid significant harm. This type of action lasts about a month, making it effective for critical situations.

Previously, the “useful measures” summary was not used much. But this changed with the health crisis. Now, it is more often used in immigration law. This is due to the lack of availability of online appointments to obtain a residency permit.

To use this summary, one must show that they cannot get an appointment at the administrative prefecture of Avignon. This can be proven with screenshots. Courts have stated that even if the foreigner is undocumented, they can request to stay within a reasonable timeframe.

Utility of the ordered measure

The court states that advancing the appointment at the prefecture helps the student. They can submit their residency permit application earlier. This may grant them the right to work temporarily.

This decision does not indicate whether they will obtain the permit. But it helps to speed up the paperwork. This is important for continuing their studies and completing their internship.

By advancing the appointment, the student can quickly apply for their residency permit. This is the first step to being in compliance in France. This assistance prevents them from losing a year at university.

Advancing the appointment at the prefecture

The advancement of the appointment at the prefecture helps the student to submit their application quickly. This may allow them to receive a temporary work permit. It is important for their studies and internship.

Practical effects of the decision

Advancing the appointment speeds up the residency permit application. This helps the student to regularize their status in France. They do not have to wait long, ensuring they validate their year.

Steps to follow

To initiate a summary action, you must send a summons to your opponent. This must be done by a bailiff. The summons marks the beginning of the procedure before the summary judge.

Where to address?

It is not always mandatory to have a lawyer. However, it is often better to discuss it with one. A lawyer can help you and represent you well in most cases. This is true for matters such as parental authority, housing, protection of the vulnerable, etc., if the dispute is worth €10,000 or less.

Representation by a lawyer

Choosing a lawyer can simplify things. They will handle the summons and defend your rights. A lawyer understands the laws well and assists you throughout the process.

Legal aid

If you do not have enough money for a lawyer, there is assistance available. The legal aid can cover part or all of the costs. This greatly helps access to justice.

Steps to follow

Hearing and decision

Starting from November 1, 2023, one can try to resolve a conflict with a special hearing. This hearing is called amicable dispute resolution and another judge is in charge. You must be present, and a lawyer can assist you. Everything said or written during this hearing is confidential unless you and the other party agree otherwise.

Decision of the court

During this hearing, the court ensures that your opponent has been able to defend themselves properly. They then choose to make a decision immediately or postpone it. If the court's decision does not satisfy you, you have the right to appeal or request a cassation.

Procedure costs

Participation in the hearing is free of charge, except for the bailiff and the lawyer. These costs are payable unless you benefit from legal aid.

Conclusion

The administrative court of Cergy-Pontoise has shown that the summary procedure is useful. It allows for quick resolution of an urgent problem. By advancing the appointment at the prefecture, the student was able to continue their studies without hassle.

This case paves the way for other foreign students with similar concerns. It highlights the importance of legal protection in these cases. Quick action from the administration is crucial for studies to continue smoothly. foreign students with similar concerns. It highlights the importance of legal protection in these cases. Quick action from the administration is crucial for studies to continue smoothly.

Ultimately, this case proves the effectiveness of the “useful measure” summary. It is a good way to manage administrative emergencies. Thanks to this decision, students with deadline issues have more hope of seeing their situation improve.

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