Harry Potter Case: Appeal Against Exclusion Decree

Extract

[...] Harry Potter the opportunity to make his observations before sanctioning him at an Education Council, in order to adjust the penalty in accordance with the gravity of the fault committed by him. This defect taints the decree with illegality for procedural error. IV. On the vice of incompetence The decree is illegal in that it would be tainted with both formal and material incompetence. Formal incompetence Article L. 212-1 of the code of relations between the public and the administration provides that: « Every decision made by an administration is signed by its author, as well as the mention, in legible characters, of the first name, surname and quality of the same. [...]

[...] Thirdly, the appeal must be lodged, in principle, within two months from the notification of the individual act. The opposability of the deadline is subject to the mention, in the notification, of the ways and deadlines for appeal; in the absence of this information, the two-month deadline is not opposable to the addresseeCE July 2016, Czabaj). Mr. Harry Potter has an interest in acting against the decision which, being a minor, must be represented because being personally concerned by the decision. [...]

[...] - FOR THESE REASONS It is requested that the Administrative Court of - to annul the decree N°2024-12358 of October on the exclusion of Mr. Harry Potter from the world of magic; - to attach to the Ministry of Magic, in accordance with Article L. 911-1 of the Code of Administrative Justice, to reintegrate Mr. Harry Potter. - or failing that, to attach to the Ministry of Magic, in accordance with Article L. 911-2 of the Code of Administrative Justice, to conduct a new examination of the situation of Mr. Harry Potter. [...]

[...] Harry Potter does not contain the signature of the decision's author. It is therefore tainted with a defect stemming from formal incompetence. Material incompetence The failure to respect competences falls under material incompetence. Delegations of competence must be provided for in the texts, published, and precisely define the scope, which can only be partial and temporary of the delegated competences. Madame Malafada Hopkirk, assistant to the director of the Office for the Abuse of Magical Practices, took the order regarding Mr. [...]

[...] Harry Potter by Madalda Hopkirk on behalf of the Ministry of Magic (Document n°2). By this order, it is recommended that Mr. Harry Potter hand over his magic wand to a representative of the Ministry for confiscation, as well as his exclusion from Hogwarts School of Witchcraft and Wizardry and the wizarding world. By this present, Mr. Harry Potter I intend to obtain the cancellation of this decision. À Preliminary title, it is worth noting the admissibility of the decree This decision is tainted with both external and internal vices of illegality. [...]