Référe

Référe is often a misspelling or variant of the French legal term référé. In French law, référé refers to a rapid, provisional judicial procedure used to obtain urgent orders from a court without first undertaking a full merits hearing. The term is used in both civil and administrative contexts, and its purpose is to preserve rights or prevent irreparable harm while the main case is being decided.

In practice, the référé procedure is designed to be fast and focused. Proceedings are shorter than ordinary lawsuits, and the judge decides on provisional measures within a short timeframe, typically days. The decision is intended to be provisional, addressing immediate needs rather than the substantive merits of the dispute. If necessary, the party seeking the measure can challenge the decision through ordinary channels after the référé ruling.

Main forms of référé include: référé-provision, which requests provisional payment or a provisional obligation; référé-liberté, which aims to protect a fundamental liberty when there is urgent risk or an immediate threat to a right; and référé-suspension, which seeks to suspend the effects of an administrative act pending a full review. The exact scope and requirements can vary between civil and administrative courts, and in the administrative sphere, référé-liberté is a notable mechanism before higher tribunals such as the Conseil d'État.

Overall, référé serves as a protective, interim remedy, ensuring that urgent interests are safeguarded while longer-term judicial proceedings proceed. The spelling référe is typically considered an erroneous variant of référé.