Administrative law, unilateral administrative act, executory force, forced execution, judicial review, legality, proportionality, good administration, transparency, individual rights
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Abstract
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Abstract
The execution of unilateral administrative acts is based on fundamental principles of administrative law, including its executory force and the possibility of forced execution in specific cases.
Extract
[...] The execution of an administrative act unilaterally must therefore respect the fundamental rights of the administered, in particular the right to defense. For example, in the CE judgment, Benjamin (1933), the Council of State has required that any measure affecting a public freedom be strictly necessary and proportionate to the pursued objective. Finally, as for Notification and deadlines for implementation, we also specify that certain acts, in particular individual decisions, must be notified to their recipients in order to effectively produce their effects. [...]
[...] Finally, the judge can control the concrete modalitiesistests of the execution of a unilateral administrative act to ensure that they respect the principles of proportionality and good administration. [...]
[...] Therefore, how can we reconcile the exercise of this prerogative with the growing demands for transparency, legality, and respect for individual rights? This question, however, raises a much more central question, to which it is necessary to respond. In fact, to what extent can the administration execute a unilateral administrative act while respecting the legal limits imposed by administrative law? To answer this question, it is essential to first analyze the principles underlying the direct execution of the unilateral administrative act by the administration and then to examine the mechanisms for supervising and controlling this execution (II). I. [...]
[...] Judicial Review of the Execution of Unilateral Administrative Acts The administrative judge also plays an ra central role in the control of the execution of unilateral administrative acts and this control is carried out at several levels. In the first place, the appeal for excisfor excess of power The individual may contest the legality of an administrative act by introducing a REP before the administrative court. If the act is annulled, its execution becomes impossible. For example, in the CE ruling, Société Tropic Travaux Signalisation (2007), the judge has expanded the scope of the accesss to the REP to strengthen judicial control over administrative acts. [...]
[...] The legal conditions governing the execution of unilateral administrative acts In order for the execution of an administrative act to be perfectly regularisIn this regard, the administration must respect a certain number of conditions, including those related to the legality of the act itself and the procedural guarantees enjoyed by the citizens. Regarding the prior legality of the act, it is certain that an illegal administrative act cannot be executed. This follows from the principle of legality, according to which the administration is subject to the hierarchy of norms. [...]
