administrative justice recognizes the “public utility” of the project

2023-10-25 14:11:40

New episode in the legal drama surrounding the Grand Paris-Nord hospital, one of the major real estate projects carried out by Assistance publique-Hôpitaux de Paris (AP-HP). The Paris Administrative Court of Appeal, in a judgment handed down on Tuesday October 24, recognized “the character of public utility” of this future hospital which must bring together, in Saint-Ouen, by 2028, the activities of the Bichat hospitals (Paris 18e) and Beaujon (Clichy, Hauts-de-Seine), as well as a university structure including the medical research and training activities of Paris Cité University.

This summer, the Montreuil administrative court caused a thunderclap by canceling, on July 10, the decree by which the prefect of Seine-Saint-Denis had declared this project to create a hospital-university campus of public utility. Greater Paris-Nord, representing an investment of 1.3 billion euros. A serious setback, which the judge then justified on the grounds that the new hospital reduced the supply of hospital care offered to the population compared to that which already exists, as denounced by the applicants (the SUD-Santé union, the Collectif inter -hospitals, the Inter-Emergency Collective and representatives of residents and users).

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The Court of Appeal provides another reading: it “considers that if it proved necessary to supplement the hospital capacities thus offered, in view of the evolution of the needs of the population, the interest of the project would certainly be reduced, but not to the point of making it lose its character of public utility”, can we read in its press release published Tuesday.

A definitive stop according to regularization

The administrative body confirms, on the other hand, “the existence of a procedural defect” and gives the State six months to remedy it: the file of the public inquiry intended to collect the observations of the population was missing a “important element for assessing the socio-economic interest of the project”, the administrative court reported.

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“The court thus gives six months to the State to carry out a new public inquiry, on the basis of a complete file”, she specifies, adding that she will then return her “permanent stop” regarding the project “in view of the regularization measure”.

“We have a point of disappointment with this refusal of the court to enter into the debate of the insufficiency of the provision of carereacts François Benech, the applicants’ lawyer. But we are satisfied that the procedural defect is upheld in its seriousness and that a new investigation is requested, it must allow access to the only document allowing a critical external view – the second opinion –, which does not has never been brought to the attention of the public by the AP-HP. »

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