Understanding Decisive Administrative Acts Causing Grievance: Conditions and Effects Before the Administrative Judge

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"Understanding Decisive Administrative Acts Causing Grievance: Conditions and Effects Before the Administrative Judge"

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Administrative act, grievance act, justiciability, administrative judge, abuse of power, legal effects, decisive act, harm, legal security, administrative jurisprudence, Council of State, appeal for abuse of power, non-suspensive effect, time limit, legal ordering, administrative decision, preparatory measures, internal order measures, contentious debate, administrative contentious, legal consequences, modification of legal ordering, receivability, jurisprudence, administrative authorities, public authorities, legality, decisional acts, non-decisive acts, act causing prejudice, annulment, contesting acts, administrative law, legal situation, litigant situation, imperative nature, significant effects, immediate effects, time limit for contesting, effect of time, situations consolidated, Caban case, CE 13 July 2016 Caban req, Administrative Contentious Odent

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Abstract

Unlock the complexities of administrative jurisprudence with our comprehensive guide on the justiciability of acts causing grievance. Discover how the administrative judge examines decisive acts that produce legal effects and cause harm, and understand the implications of appeals for abuse of power. Learn about the non-suspensive effect of acts causing prejudice, the constraint of contestation deadlines, and the lack of formalism in acts causing harm. Dive into the casuistic identification of decisive acts and the modification of legal ordering, and gain insights into the jurisprudence that shapes administrative decision-making. Explore the balance between legality and legal security, and understand how the Council of State's decisions impact the protection of legal security. Get instant access to our in-depth analysis and expert insights on the act of grievance.

The casuistic identification of the decisive act causing prejudice by the administrative judge
1. The absence of formalism of the acts causing prejudice
2. The modification of the legal ordering of the act causing prejudice
The consequences of justiciability of the acts causing prejudice before the administrative judge
1. The absence of suspensive effect of the acts causing prejudice
2. The constraint of the deadlines for contesting the acts causing prejudice before the administrative judge

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[...] The constraint of the deadlines for contesting acts causing harm before the administrative judge It would be demonstrated that the deadlines serve the interests of the administration, beyond even the principle of legal security. In fact, to protect the legality of the acts, the request must be introduced within a period of two months from the notification or publication of the attacked act. This rule applies equally to the appeal for abuse of power as to the appeal in full contentious proceedings. [...]

[...] An administrative act is considered a grievance when it produces effects on the legal ordering, even if it does not modify it, if it does not change the legal ordering. An act devoid of legal effects, that is, one that does not entail any legal consequence, even if it affects the applicant in fact, does not constitute a grievance act. Only the act whose legal effects are sufficiently significant and immediate to be the subject ofof a contentious debate » (Odent, Administrative Contentious) will be qualified as a grievance act. [...]

[...] Indeed, for the judge, these guidelines "define, if applicable, the conditions under which they intend to implement the prerogatives vested in them, may be the subject of an appeal for abuse of power, introduced by a claimant justifying a direct and certain interest in their annulment, when they are of a nature to produce notable effects, notably of an economic nature, or have the object of significantly influencing the behavior of the persons to whom they are addressed » (CE December 2017, Bouygues Télécom, req. n° 401799). II. The Consequences of Justiciability of Acts Causing Grievance Before the Administrative Judge Even if the acts can be annulled before the judge, the appeals have a non-suspensive effect and the jurisprudence tends to tighten their receivability A. The non-suspensive effect of acts causing prejudice It will be demonstrated here that the administrative act causing prejudice persists until its possible annulment before the administrative judge. [...]

[...] Therefore, the intervention of an administrative decision that is no longer susceptible of being challenged does not freeze the situation of an act giving rise to a grievance. Thus, once the decision has become final, the act will give rise to a grievance forever. If the number of acts giving rise to grievances is increasing (see, for example, the reduction of the scope of internal measures: CE December 2007, Minister of Justice Boussouar, req. n° 290730). The evolution of jurisprudence allows to mitigate the risk of annulment of acts, numerous giving rise to grievances, through this increase in the power of legal security. [...]

[...] This unilateral act is part of its power to take decisions imposing themselves by the sole will of its author, and therefore, constitutes the first of the prerogatives of public power. That's what Hauriou calls 'the privilege of the preliminary » of the administration and constitutes, for the Council of Statethe fundamental rule of public law ». This is only a posterior intervention, by the administrative judge, which will allow to determine if this act was legal or not for those who wish to contest it. Administrative acts are of two main types: those that can be decisive and those that cannot. This does not, however, prejudge their justiciability. [...]

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