Administrative judge, jurisdiction, judicial judge, public persons, administrative acts, Community law, independent administrative authorities, administrative remedy, administrative police
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Abstract
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Abstract
This document discusses the jurisdiction of administrative judges, exceptions to their jurisdiction, and the role of judicial judges in certain administrative matters.
Extract
[...] The principle concerning public industrial and commercial services. The jurisdiction is essentially judicial despite the fact that we are in the presence of a public service. It is the matter that will fall within the judicial jurisdiction. We are in the presence of a public service, which means that the administrative authority will have a controlling action and power over the conditions of exercise of the activity and in a certain number of cases it is a public entity that will directly manage the activity. [...]
[...] We realized that with the influx of disputes, we had to put the brakes on and therefore make the ministry of lawyers obligatory (pay a lawyer to exercise their right to appeal). Before the administrative courts of appeal, it's the same process. Section 3 Administrative Courts 1st degree in the administrative jurisdiction order it is the counterpart of the court of first instance, it is the successor of the Prefectural Councils transformed into administrative courts in 1953. These administrative courts are the common law judges of the 1st instance of administrative contentiousness. [...]
[...] Unlike what happens before the judicial judge, the procedure before the administrative judge is essentially written. The procedure is written: The parties will exchange their point of view through memoranda which are written documents. The contentious exchanges will take place through writing throughout the investigation procedure of the case (all that happens before the judge makes a decision). Writing is a characteristic of administrative justice, but even today, in front of the civil judge, or the procedure is characterized by orality, the place of writing is very important. [...]
[...] Within the more cases the file and judged by a sub-section judging alone (composed of 3 members) If the the file is more complex it is judged by 2 sections combined (here are composed of 9 members) For certain types of business on is enlarged the number of judges and they will be composed of 4 sub-sections combined. The formations the most solemn : the Contentious Section that is to say the ensemble of the counselors of the sub-sections reunited (15 members) or the Contentious Assembly for cases that raise questions of principle (17 members). The CE comprises approximately 300 members. The career in the body unfolds in 3 grades: -auditor -maitre des requêtes -counselor of state The recruitment is done by the'Ecole National de l'Administration with the particular procedure: the recruitment by the external circuit. [...]
[...] For films, for example, a special police force issues visas to distribute the film. However, it is possible that in certain parts of the territory this film may cause disturbances to public order-> for example: murder of a girl in Bouches du Rhône, + a book and film that criticized the death penalty, mayors therefore banned the film in the municipalities because the people concerned by the film were on the territory. The general police authority may in certain situations aggravate the situation of the regulation taken by the special police authority account taken of the circumstances: it is not competent but it can do so ex police de la route = national competence but on the communal territory the mayor can aggravate the limitations. [...]
