Can the administration be asked to check a procedure?

Verified 22 June 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, an individual or a company may request the administration to check a procedure without waiting for the regulatory control.

This allows you to have validated or correct this procedure.

Example :

A real estate agent can ask the DGCCRF: titleContent control its business practices.

All jurisdictions are involved : State service, local authority, body entrusted with an administrative public service mission.

Your request must specify the points to be checked.

The administration shall carry out the check in a reasonable time, which varies in particular according to the complexity of the texts to be checked.

However, some applications are not accepted.

For example, if your request is clearly unjustified or if it compromises the proper functioning of a government department.

Once the check is done, you can use the findings of this audit if the administration subsequently changes its position.

This is called the right to effective third-party review.

Example :

A vocational training organization which has obtained a favorable conclusion may oppose it to the administration if it subsequently changes its position.

The right to effective third-party proceedings shall apply to the proceedings commenced since August 11, 2018.

It can be used as long as the rights of others are respected.

Please note

if the administration finds an error during the check, you can regularize your situation without being penalized. This is called the right to err.