Administrative Judge Control

Extract

[...] Thanks to all this, there is a good balance between fundamental rights and protection of human rights. The administrative judge, thanks to its different roles, ensures a guarantee of freedoms and rights of each and allows to avoid abuses of power of the various administrations. But questions remain, and I think we must always continue our reflection on the evolution of this law, because despite all these things and all these mechanisms put in place, is the protection of human rights and the power of the administration truly fair? [...]

[...] All means and all possibilities are therefore studied in order to respect the principle of legality as well as the protection of individual rights. B. The annulment of an act for abuse of power This is a procedure aimed at contesting the validity and legality of an administrative decision. Indeed, if a party proves before a court that the act is not legal, it is up to the administrative judge to hear their arguments and to control this in order, if necessary, to suppress any act that would be contrary to fundamental rights. [...]

[...] The administrative judge therefore has a role of control but also of guarantor. Indeed, the administrative judge is a person who controls the various actions of the administration and who is committed to ensuring that the various rules of law are respected within the various administrations. To this end, we will examine through different paragraphs how he protects fundamental rights and ensures that rules are respected within administrations, and also the means of control that are at his disposal in order to verify the legality of administrative acts. [...]

[...] Each party must be treated fairly. This is called a fair trial. The rights of each individual must be protected in accordance with existing laws and the Constitution. Whether one party or the other is a victim or accused, the judge must not take sides with any of the parties and must simply through the judgment of a dispute try to understand and judge in a neutral and fair manner while respecting the laws in order to remain impartial. II- The control of the legality of different administrative acts In order to control the legality of administrative acts, several means are put in place to control, and if necessary, cancel or sanction the act concerned by the control. [...]

[...] The administrative judge is the guardian of everyone's individual freedoms. Indeed, it is the person who will protect the fundamental rights of each individual by ensuring that laws and the Constitution are respected. The administrative judge's main role is to guarantee respect for individual rights. Indeed, he must verify that no harm is unjustifiably caused to the individual freedoms of each person. For example, the judge has the right to apply the various standards of the ECHR (European Convention on Human Rights) for this purpose. [...]