France Flashcards
What’s an Administrative décision?
A décision is a (i) an unilateral decision, (ii) issued by an organ of the Administration while performing its public tasks, (iii) that creates legal consequences (positive or negative), (iv) and direct legal effect, (v) in a concrete case (or abstract for regulatory decisions).
What different décisions are there in France?
There are three types of décisions: (i) décision individuelle is addressed to a person who is determined; (ii) décision particulière, where the addressed is not determined but determinable; (iii) décisions regulamentaire, where the addressee is not determinable, and it’s in an abstract case.
Is there legitimate expectations or proportionality in France?
They’re in the test of “coût d’avantage”, where the Court ruled in Ville Nouvelle Est that the Administration cannot act when the losses for the injured party outweighs the gains for the community. A lot of discretion for the Courts.
What is a Court competent to rule on?
Blanco cases, services publiques. A administrative tribunal (court) will be competent to rule on administrative disputes, Art. L 211-1 Code of Administrative Justice
Which Court is competent to hear a claim?
First instance the administrative tribunals, according to Art. L 211-1 CAJ.
What litigations can be brought to Court?
Récours pour Excees de Pouvoir, and Recours pour Pleine Jurisdiction
Explain the first litigation
REP is used against unilateral measures.
Explain the second litigation
RPJ is used in cases of tort or contract disputes.
Is an objection necessary?
Not for REP (Art. L 411-2 CAJ), yes for RPJ (Art. L 310-1 CAJ)
What objections can he bring, and what’s the difference between them?
- Recours gracieux: object against civil servant.
- Recours hierarchique: to higher servant in the hierarchy.
What is the time limit?
2 months
How does one establish standing?
“interêt pour agir” look at circle of interests: sufficiently direct, sufficiently certain.
Is there any suspensory effect?
One must ask for it, Art. L 521-1.
Is there any interim relief measure?
Three types:
- Référé de Suspension
- Référé Liberté
- Référé Conservatoire
What can the claimant do in case of inaction from the Administration?
Silence means acceptance after reasonable time (discretion to Courts)
How does a 3rd party establish standing?
‘Interêt pour agir’, look at circle of interest: sufficiently direct and certain.
Can a judge investigate ex officio?
No he’s not, but means of public order.
