France

Question 1

What’s an Administrative décision?

Answer 1

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).

Question 2

What different décisions are there in France?

Answer 2

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.

Question 3

Is there legitimate expectations or proportionality in France?

Answer 3

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.

Question 4

What is a Court competent to rule on?

Answer 4

Blanco cases, services publiques. A administrative tribunal (court) will be competent to rule on administrative disputes, Art. L 211-1 Code of Administrative Justice

Question 5

Which Court is competent to hear a claim?

Answer 5

First instance the administrative tribunals, according to Art. L 211-1 CAJ.

Question 6

What litigations can be brought to Court?

Answer 6

Récours pour Excees de Pouvoir, and Recours pour Pleine Jurisdiction

Question 7

Explain the first litigation

Answer 7

REP is used against unilateral measures.

Question 8

Explain the second litigation

Answer 8

RPJ is used in cases of tort or contract disputes.

Question 9

Is an objection necessary?

Answer 9

Not for REP (Art. L 411-2 CAJ), yes for RPJ (Art. L 310-1 CAJ)

Question 10

What objections can he bring, and what’s the difference between them?

Answer 10

• Recours gracieux: object against civil servant.

- Recours hierarchique: to higher servant in the hierarchy.

Question 11

What is the time limit?

Answer 11

2 months

Question 12

How does one establish standing?

Answer 12

“interêt pour agir” look at circle of interests: sufficiently direct, sufficiently certain.

Question 13

Is there any suspensory effect?

Answer 13

One must ask for it, Art. L 521-1.

Question 14

Is there any interim relief measure?

Answer 14

Three types:

• Référé de Suspension
• Référé Liberté
• Référé Conservatoire

Question 15

What can the claimant do in case of inaction from the Administration?

Answer 15

Silence means acceptance after reasonable time (discretion to Courts)

Question 16

How does a 3rd party establish standing?

Answer 16

‘Interêt pour agir’, look at circle of interest: sufficiently direct and certain.

Question 17

Can a judge investigate ex officio?

Answer 17

No he’s not, but means of public order.