Administrative Judge's Role in Constitutional Matters

Extract

[...] The administrative judge under the Fifth Republic has sometimes granted himself certain competences, with the consequence of a kind of interference in the constitutional field. He has notably obtained important prerogatives in the matter of conventionality. The role of the administrative judge in constitutional matters is analyzed from its creation, and particularly under the Fifth Republic, during which its missions have expanded. In this plurality of missions, it is sometimes difficult to clearly identify the role of the administrative judge vis-à-vis the laws. In what measures do the prerogatives of the administrative judge approach those of a judge of the law ? [...]

[...] The administrative judge is the judge of the administration. The latter ensures that its agents and organs respect the laws. The supreme jurisdiction of the administrative order is the Council of State. It is an independent jurisdictional body from the executive power. During the Fifth Republic, the first mission of the Council of State is to advise the government. However, the role of the administrative judge will increase. Judging laws can be assimilated to different controls, such as those of legality, conventionality or even constitutionality. [...]

[...] JP Arrighi (refusal to judge the constitutionality of laws). - Theory of the transparent screen law Judgment CE assembly 12 July 2013, French national fishing federation (disposition goes far beyond the law so we can control it) + CE 3 October 2008, Annecy commune: CE accepts to examine the regulatory provision in light of the C° (Environmental Charter), as it is not taken in application of the law not provided, autonomous). JP Quintin: disposition that says nothing A limited interference of the administrative judge in matters of constitutional control - PFRLR : determine by the CE sometimes notably through its role as government advice = a priori nov 1995 + Koné ruling. [...]

[...] The assertion of a conventionality control of laws restricted by the administrative judge ? Decision Cc 1975, IVG: judge of the constitution of laws not of treaties. The treaties impose themselves on previous laws but not to posterior ones because the JA cannot oppose the (CE 01/03/1968, Manufacturer of semoules in France) ? Judgment Nicolo CE: reversal of JP > the the law must conform to treaties even if it is posterior = alignment of the J° (CC Jacques Vabre). [...]

[...] The direct control of laws by the administrative judge in the light of conventionality A certain refusal of the control of ratified laws ? Art 53 C° > imposes a transposition law for ratification. EC accepts if transposition has been respected from [...]