Administrative Appeal (recours gracieux or recours hierarchique)

The recours gracieux (article L411-2 CRPA) is addressed to the administrative authority that made the contested decision, so that it reconsiders its own decision. The recours hierarchique is addressed to that authority's superior, who has the power to amend or annul the subordinate decision. Both appeals equally extend the litigation period; the choice depends on the nature of the alleged error and the structure of the administration concerned.

The administrative appeal must be lodged within the litigation period, in principle two months from notification of the decision (article R421-1 of the Code de justice administrative, French code of administrative justice). Lodging the administrative appeal within this period extends it: a new two-month period then runs from the express decision or from an implied decision of rejection (generally two months of silence kept by the administration).

Silence kept by the administration for two months on an administrative appeal amounts, in principle, to an implied decision of rejection (article L231-1 CRPA), except for legal exceptions where silence amounts to acceptance. This implied rejection reopens the two-month period to bring a contentious appeal before the competent tribunal administratif (administrative court).

As a general rule, it is optional; you can bring the matter directly before the tribunal administratif (administrative court) within the two-month period. However, certain special provisions require a mandatory prior administrative appeal (recours administratif prealable obligatoire, RAPO) before any contentious appeal: this is notably the case for civil service matters, visa refusals or certain social benefits. Check whether a RAPO is required for the decision you are contesting.