Council of State Decisions on Freedom of Trade and Industry

Extract

[...] Finally, they also argue a violation of the principle of non-retroactivity, in that the regulation applied to ongoing contractual situations. Problem: Does the principle of legal security imply taking transitional measures in case of new regulation? Solution : The Council of State responds positively and considers, regarding 'the application of the Code of Ethics to ongoing contractual situations', that 'it is incumbent on the regulatory authority, for reasons of legal security, to issue transitional measures that a new regulation implies, if necessary'. [...]

[...] However, the recognition of legal security is not a total innovation, it was already present implicitly in many solutions of administrative law. For example, in the judgment of June 'Society of the Journal l'Aurore' where the principle of non-retroactivity is recognized, it is only an application of the more general principle of legal security. It was also present for a long time in community law, the Court of Justice of the European Communities having recognized it in a judgment of February Finally, this judgment has as its main contribution to formally and explicitly consecrate the principle of legal security in domestic law. [...]

[...] Council of State September 2018 Headline : The Council of State on 28 September 2018 is concerned with the principle of equality. Facts : In this case, an implicit decision of 23 April 2018 from the medical assistance to procreation center of the University Hospital Center of Toulouse rejected a request for medical assistance to procreation for two women. Procedure : They therefore requested the administrative court of Toulouse to annul this decision for abuse of power and raised a priority constitutional question (QPC) regarding the conformity of article L.2141-2 of the Public Health Code to the Constitution. [...]

[...] This request was made for complicity in an attack on public property due to transfers of funds from a hydrocarbon trafficking operation. Extradition was granted by the French authorities by a decree of 17 March 1995. Procedure : Mr Koné then requested the annulment of the decree to the Conseil d'État, arguing in particular that the Malian authorities, by requesting his extradition, had intended to punish him for the ties he had formed with the leaders in power in his country of origin before their overthrow. In other words, for him, the extradition had a political purpose. [...]

[...] Therefore, local authorities are competent to regulate, but in respect of the principle of freedom of trade and industry. Scope : The freedom of trade and industry has been consecrated as a general principle of law by the judgment of 22 June 1951 Daudignac. By the judgment of the case, it appears that this general principle of law applies to the administration. IV. Council of State March 2006, KPMG Company Headline : The Council of State, by a judgment of 24 March 2006 'KPMG Company', consecrates a new general principle of law. [...]