1. RECEIVING A REQUISITION ORDER
- Initial requisition: notification, possibly by telephone, followed by compulsory written confirmation.
- Contents of the order: identity of the requesting party, legal references, nature and duration of the requisition, signature of the requesting party.
2. THE HEALTHCARE PROFESSIONAL MUST COMPLY WITH THE REQUISITION, UNDER PENALTY OF FINE.
- Refusal to comply with the requisition may result in sanctions (fine of 3750 euros) – (article L.4163-7CSP)
- Possible exceptions: force majeure, technical incompetence.
3. APPEALS TO THE ADMINISTRATIVE COURT
- Bring the case before the administrative court in summary proceedings to request suspension of the order as quickly as possible, arguing that the right to strike is a fundamental freedom and that the measure is disproportionate. On the basis of these arguments, we were able to have requisitions for healthcare professionals cancelled, and the professionals were able to exercise their right to strike. The hearing for an interim injunction is very important, and the assistance of a lawyer ensures a full and complete defense.
- Recours pour excès de pouvoir: lodge an appeal with the relevant administrative courts within two months of notification of the order. Unless you wish to obtain compensation for damages, this procedure is not really relevant. The investigation period lasts from 1 to 2 years, and the requisition has therefore finished producing its effect by the time the judges rule.
What about the right to strike in hospitals? Me Cornélie Durrleman clarifies the issue in this whats’up doc article.
If you are faced with a questionable requisition, don’t hesitate to contact us to assist you in your legal proceedings.