Administrative Law Jurisdiction

Extract

[...] The dual jurisdictional system is therefore established with an administrative jurisdiction, responsible for judging the acts of the administration. The development de skills of the Council d'État if continues with so decision of 1889, said « Cadot », in in which the asserts itself like judge of law common of the administration. Par the ruling Cadot, the Council of State goes beyond the delegated justice, by which the law attributed it competences. Thus, to the end you 19th century, the exists two orders jurisdictional ; the dualism is ne for of the political reasons, but the skills of each judge remain unclear and imprecise. [...]

[...] administrative. A principle is supposed to have a constant application. Thus, a dispute of administrative law would constantly refer to of judge administrative while that a litigation of law civil would be cut par the judge judicial. Nevertheless, on can observer in right French that the jurisprudence authorise the judge judicial at to use and apply administrative law principles. Conversely, the administrative judge may be required to apply civil law in administrative disputes. The principle is therefore not strictly applied ; the distinction between judicial and administrative competences is no longer as strict. [...]

[...] Thus, what are the skills of the administrative judge ? The birth of the dualism jurisdictional results of l'History of the France, and permits a distribution of skills but the concordance between the substance of the law and the judge's competence is not systematic, and has limits (II). The birth of dualism jurisdictional : a distribution of skills The French dual jurisdictional system distributes different competences to judicial and administrative judges. Born for of reasons politics at long des 19th and 20th centuries a strict division of the jurisdictional competences is consecrated by the Blanco ruling of 1873 A dualism jurisdictional born for of the reasons political The administrative judge and the law he applies were born from a historical process. [...]

[...] Administrative law allows the administration to have certain powers, while encircling them. These two judgments define administrative competence, and establish the principle that the substance of the law applicable determines the jurisdiction competent. However, the exists of limits to this principle ; and the essence of law does not systematically determine the judge's jurisdiction. II- The of the liaison entre the fond and the competence The principle according to which the substance determines the competence knows exceptions. In fact, there is a relaxation jurisdictional of the principle of attribution of competence and of the people morales of private law may be subject to administrative law rules The relaxation jurisprudential of principle d'attribution of competence With time, one observes a judicial relaxation of the principle of attribution of [...]

[...] This law pose two principles. Of one part a principle of separation for distinguish the function of judge of the function to administer. [...]