Administrative Law:


Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction.


Law of France


French law can be divided into two main categories: private law ("droit privé") and public law ("droit public").


Judicial law includes, in particular:


* civil law ("droit civil"); and
* criminal law ("droit pénal").


Public law includes, in particular:


* administrative law ("droit administratif"); and
* constitutional law ("droit constitutionnel").



Administrative law in France - Droit administratif en France


French administrative law is the most important part of French public law. It includes all the legal rules governing the administrative activities of public entities and private individuals. In France, monitoring its implementation is ensured by a set of jurisdictions that are administrative justice.

Initially, it is a judge-made law, that is to say basically formed by the courts. However, with the integration of legal sources of higher value and an attempt at codification of administrative law, this character is sometimes seriously questioned at the expense of flexibility and adaptation to changing the law.


Current sources of administrative law


The sources of administrative law in France are different. The value of each within the hierarchy of standards is discussed in some cases, however, the following sources are placed in order of decreasing value in the latter.
The constitutional rules.

Because of the presence of a written constitution, constitutional norms are not in principle of customary origin. However, the rule established by the Constitutional Council is a form of "constitutional practice" and may be considered a source of unwritten law (or at least non-coded).

Two kinds of constitutional norms exist: that of the constitution and others belonging to the block of constitutionality. The latter is especially composed by the constitutional jurisprudence and the principles it was possible to identify

Written constitutional norms

The constitutional standard is primarily written, now, the constitution of the Fifth Republic. However, the preamble to the constitution there a legal value? A decision of the Constitutional Council of 16 July 1971 (Freedom of Association ") has said, as the State Council in 1960 (EC, Sect, February 12, 1960, Eky). These solutions are essential because they allow for inclusion in the standards written constitutional Bill of Rights of Man and the Citizen or the Fundamental Principles Recognized by the Statutes of the Republic, both contained in the Preamble to the Constitution 1946 which refers to the 1958 Constitution.

The unwritten constitutional norms

These standards are written by the jurisprudence of the Constitutional Council and the principles that emerge: Principles Recognized by the Laws of the Republic (PFRLR). Under Article 62 of the constitution of the Fifth Republic, decisions of the Constitutional Council are likely "to appeal" and "appropriate public authorities and all administrative and judicial authorities." However, these standards are problematic. If it appears to be the constitutional role of judges to fill any gaps in the constitution, however, these decisions have a value below the constitution but above the law, while, in contrast to other French judges, the judge has no democratic legitimacy because its does not make decisions on behalf of the French people.

The Act

The sources of administrative law include of course the laws which must be respected in all cases to the Board. The French public law traditionally defines an organizational point of view and formal: the law is an act of legislative bodies prepared by the legislative procedure prescribed by the Constitution. In this regard, there are several categories of laws: constitutional law, organic law, the referendum law, finance law, ordinary law, ... but all have the same binding on the administrative authorities.
Administrative case law.

The case law of the State Council and the Court of conflict have been instrumental in the formation and evolution of French administrative law. Called "leading cases" the decisions that had a particular importance of this point of view. The study of administrative law necessarily requires the consideration of these cases. The courts have particularly identified the general principles of law (or PGD). These rules contain the basic principles of administrative law.

Their existence was implied since the late nineteenth century, but two cases (EC, Ass, May 5, 1944, widow Lady Trompier-Gravel and CE, Ass, October 26, 1945, Aramu and others) have explained. The general principles of law have legislative effect, although some authors have argued that they were worth "infra-and supra-legislative decretal" (Rene Chapus).

The regulations

Besides the laws passed by Parliament, a certain area of expertise has been recognized with the regulations, which are acts of general and impersonal by the authority.

The authorities vested with regulatory power by the Constitution are two in number:

* The Prime Minister is the primary holder of regulatory power under Article 21 of Constitution he "exercises regulatory power." This is a solution consistent with the republican tradition.

* The President of the Republic, under Article 13, "sign ordinances and decrees deliberated upon in the Council of Ministers". The Council of State ruled that a decree which has been deliberated by the Council of Ministers despite the imposed no text can be altered by Order in Council of Ministers.


Administrative litigation is provided by the administrative courts, including:


Tribunal administratif

The Administrative Court is the administrative court of first instance. It is the common law judge in administrative litigation, meaning that all administrative disputes falling under its jurisdiction, except when special provision departs from that principle by conferring jurisdiction on another court.

The administrative courts have jurisdiction in any dispute with a government (state, local authorities, public administrative institutions, etc..). They are also responsible for all matters related to municipal and cantonal elections. Exceptions where the Council of State is responsible first and last resort, for example, involved disputes with consulates, appeals against regulatory acts adopted by the ministers or against administrative whose scope extends beyond the purview of a single tribunal.


Cour administrative d'appel


They are seized of appeals against decisions of administrative tribunals of their jurisdiction, as well as appeals against decisions of commissions for indemnification of returnees.

Remain the responsibility of the State Council:

* Calls of judgments relating to local elections
* Those on appeal questions of legality

Appeals against judgments on appeals against orders prefectural deportation are the jurisdiction of the courts, not the Council of State in respect of calls recorded from 1 January 2005. Their skills are introduced gradually: in 1989, for example, they were unaware of the litigation abuse of power.

Conseil d'État

The State Council is, in France, a public institution charged with two main tasks: it is the government adviser and the highest courts of the administrative order. The French judicial system knows, in fact, the duality of orders of court (judicial and administrative). (The supreme judge in the judiciary is the Court of Cassation, the conflicts of jurisdiction between the two orders is decided by the Disputes Tribunal.)

In its advisory, the State Council must be consulted by the Government for a number of acts, including bills. In its adjudicative role, he is the supreme judge in certain matters (including exceptions for appeals against decisions taken by a public authority). He served in Paris at the Palais-Royal. His vice-president (who is the de facto President of the Council) is the first official of the State: as such, it presents the president's wishes all organs of state, speaking on behalf of the Public public, the judiciary, public enterprises, etc.

The administrative courts of appeal are chaired by a Councillor of State. Other judges of administrative courts and administrative courts of appeal judges are part of the same body, the advisers of the administrative courts and the administrative courts of appeal. They are recruited through the NAS, by posting, by competition or by the turn out. They are irremovable.