Les actes administratifs unilatéraux (définition, types, procédure) Flashcards
(24 cards)
What is the definition of a unilateral administrative act?
A unilateral administrative act is a decision made by an administrative authority that creates, modifies, or extinguishes legal rights or obligations without the need for consent from the affected parties.
True or False: A unilateral administrative act requires the agreement of the parties involved.
False
Name one type of unilateral administrative act.
Regulatory acts
Fill in the blank: A unilateral administrative act can be defined as an act that ________ legal rights or obligations.
creates, modifies, or extinguishes
What is a regulatory act?
A regulatory act is a type of unilateral administrative act that establishes general rules applicable to a specific group or the public.
What type of unilateral administrative act involves individual decisions?
Administrative decisions
True or False: Unilateral administrative acts can only be positive in nature.
False
What is the role of the principle of legality in unilateral administrative acts?
The principle of legality ensures that unilateral administrative acts must comply with existing laws and regulations.
List two characteristics of unilateral administrative acts.
- They are issued by an administrative authority. 2. They have binding legal effects.
What is the procedure for issuing a unilateral administrative act?
The procedure typically includes drafting, consultation (if required), decision-making, and notification to the affected parties.
True or False: The absence of a legal basis can invalidate a unilateral administrative act.
True
What is the importance of the notification process in unilateral administrative acts?
The notification process informs affected parties of the act and allows them to understand their rights and obligations.
What is an example of a unilateral administrative act in public administration?
Issuing a permit or license.
What does the term ‘discretionary power’ refer to in the context of unilateral administrative acts?
Discretionary power refers to the authority of an administrative body to make decisions within the limits of the law.
True or False: All unilateral administrative acts are subject to judicial review.
True
What is the difference between a regulatory act and an administrative decision?
A regulatory act applies to a general audience, while an administrative decision targets specific individuals or entities.
Fill in the blank: Unilateral administrative acts must respect the principle of ________.
proportionality
What is the concept of ‘legitimate expectations’ in unilateral administrative acts?
Legitimate expectations refer to the belief that individuals have a right to expect that public authorities will act in accordance with established practices.
What can happen if a unilateral administrative act is found to be unlawful?
It can be annulled or set aside by a court.
What is the difference between an administrative act and a private act?
An administrative act is issued by a public authority and affects public law, while a private act is a legal decision made by individuals or private entities.
True or False: Unilateral administrative acts are always revocable.
False
What is the significance of the principle of non-retroactivity in unilateral administrative acts?
It means that acts cannot have effects on situations that occurred before the act was issued.
What does ‘administrative discretion’ imply?
It implies that administrative authorities have the flexibility to make choices within the framework of the law.
What is the role of public interest in unilateral administrative acts?
Public interest serves as a guiding principle ensuring that acts benefit the community and serve societal needs.
