This academic text discusses the role of the administrative judge in the contentious administrative procedure, focusing on the inquisitorial character of the investigation and its implications for the litigant.
Extract
[...] Par consquent, this invites one to question the necessitIt is a judicial framework for the investigation phase. II. La né"cessité of a judicial framework for the investigation phase This negationcessit"é of a judicial framework is illustrated by the control of the use of these powers by the administrative judge However, this active role advocated by the judge wavers towards the transformation of the characterisis inquisitorial in the administration of evidence A. The control of the use of these powers by the administrative judge The use of these different powers is now the subject ofa counterwhich tends to deepen, thatit'it acts on sorting orders whose characterisis abusive is censored in cassation through the exercise of a genuine control of the error of law 24 Jul Company Credited Mutual Pierre n° 423177) or, notably, procedures leading to a default dismissal, of which the appellate judge must now verify the 'just application',» (CE 22 nov Society SMA, n° 420067). [...]
[...] 623-1), the transport on the places (R. 622-1), the verification of writings (art. R. 624-1), the solicitation of a technical expert opinion (art. R. 625-2) and the'amicus curiae (art. R. 625-3). [...]
[...] Thus the judge adopts a moderate attitude through the control of his own procedure in cassation and appeal, by ensuring that he does not push the discretionary power to the excès, in essence like in appeal. This responds to a too strict encadrement of the legislator. This control tends to deepen in the future. The judge will have to moderate this inquisitorial approach to promote fairness. He will therefore have to have an active role not only through the application of regulatory encadrement, but also through the encadrement of his own application. [...]
[...] However, one observes that the judge does not constantly play an active role in the procedure of investigation. One retains a transformation of the characterère inquisitorial in the administration of evidence. B. The transformation of the characterère inquisitorial in the administration of evidence. It is said that the judge is the master of the truth., what'he has an active role in the search for the truth. Although investigative means have been put in place for the judge, we still observe thatisis little the use of these means. In fact, are rare the investigation measures (art. R. [...]
[...] We therefore have a total inquisition of the administration of the procedureiss by the administrative judge. The litigant is submitted concretelyisappeal to the judge5. But that's not all, the judge oversees the closure of the investigation through the supplementary memoranda with summons (R.612-5 CJA) orù the 15-day deadline is not considered insufficient by the judgeCE 12 Jan n° 452716). In addition, he hasa counterregalial role on the closure of the instruction (613-2 CJA) and makes a strict application (CE 9 Oct Sté Efficience, n° 422712). [...]
