Barrister to the Council of State and the Supreme Court
Barristers to the Council of State and the Supreme Court are commonly known in French as “avocats aux conseils” and are ministerial officials.
The Ordre des Avocats au Conseil d’Etat et à la Cour de Cassation, distinct from that of the order of barristers was created by order dated 10 September 1817.
There are currently sixty offices in France with a maximum of three barristers to the Council of State and the Supreme Court.
The main role of barristers to the Council of State and the Supreme Court is to represent public and private litigants before the Council of State and the Supreme Court.
Their first duty is to offer advice: they will write a legal opinion in order to inform the parties of the chances of success of an appeal. Only a barrister to the Council of State and the Supreme Court can appear before these bodies.
When the appeal is heard, the barrister to the Council of State and the Supreme Court represent the litigant before the Council of State or the Supreme Court.
Their advocacy is obligatory before the Council of State, only in matters of last resort (except for pensions and social assistance).
Their advocacy is obligatory before the Supreme Court, except in matters relating to workplace elections and in criminal matters.
Barristers to the Council of State and the Supreme Court may also represent the parties before administrative bodies (administrative court, administrative court of appeal, special bodies), independent administrative authorities and international bodies (European Union Court of Justice, European Court of Human Rights, etc).