Public Service, Administrative Law, Jurisdiction, CE, Council of State, Narcy Criteria, APREI, SPIC, Public Power Prerogatives, Administrative Judge
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Abstract
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Abstract
The summarized document discusses the principles and criteria for identifying public services and the jurisdiction of administrative law in France.
Extract
[...] He may accompany this injunction with a financial penalty.here. Environmental Charter : text of constitutional value since 2005, integrated into the preamble of the Constitution, and recognized as a source of environmental rights and freedoms (right to live in an environment that isbalanced? right of participation?) Principle of participation : right for any person to participate in the elaboration of public decisions affecting the environment (article 7 of the Charter). It irrigates the administrative contentiousness via l'obligation of public consultation and the opening of the courtroom to environmental associations. [...]
[...] Appeal in full jurisdiction : An appeal that allows the judge not only to annul an act, but also to pronounce a pecuniary condemnation or to substitute a new decision for that of the administration. It is distinct from the REP, which is more limited in its effects. Casanova (1901) ? Expansion of the right to sue (municipal taxpayer), admissibility of the REP. Doctors in Olmetto, free doctor for all, with public money. There was no real need (there were already doctors). Dame Lamotte (1950) ? The REP is a PGD, it even exists without text and even if a law prohibits it. [...]
[...] Appeal by prostitutes and managers. 8. Environmental disputes and the power of judicial review by the administrative judge : Environmental Dispute : ensemble of judicial remedies aimed at enforcing environmental protection standards. REP, actions in responsibility for ecological damage, interim orders, or even enforcement actions for judicial decisions. Ecological Damage : direct or indirect harm to the environment causing objective damage to natural environments. It has been in effect since 2016 (Article 1246 and following of the Code civil), to a specific action for repair, primarily in kind. [...]
[...] Individual Liberty (article 66 of the Const°): refers to fundamental physical freedoms (freedom to come and go, detention, compulsory hospitalization, etc.). The protection of this freedom relatesisve exclusively of theauthoritis judicial. Blanco (1873) ? double consecration : responsibility of the State + competence of the administrative judge (foundational ruling of dualism) Pelletier (1873) ? distinction between personal fault/service fault, criteriaisre distribution between judicial judge and administrative judge 6. Recours in excess of power Annulment of a unilateral administrative act, due to its illegality. [...]
[...] (Principles of civil law established by the French Revolution)cartes). Cadot, CE : end of the minister judge theory (administrators were in charge of judging disputes that arose in the administrations.), The CE declares itself the common law judge of administrative contentiousness. Procola c. Luxembourg, CEDH : the Court condemns Luxembourg because the same members of the CE had participated in the drafting of the opinion on the act and then in its judgment. Sacilor Lormines FR, CEDH : legitimacy of the cumulation of consultative and jurisdictional functions (statutory dualism) of the CE, under conditions ofimpartialityis (no cumulation of functions, more transparency). [...]
