SCEA du Chéneau Ruling: Shift in Competences between Judges
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Administrative judge, judicial judge, SCEA du Chéneau, legality control, administrative acts, good administration, jurisdictional competence, Council of State, Court of Cassation, European Union law
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Abstract
The SCEA du Chéneau ruling leads to a new division of competences between judges, allowing the judicial judge to control the legality of administrative acts.
Contents
The duality of jurisdictions allows the administrative judge to keep his exclusive jurisdiction
The administrative judge retains the exclusivity of the contentious by way of action
The contentious by way of exception is shared between the administrative judge and the judicial judge
The SCEA du Chéneau ruling leads to a new sharing of competences between judges
The judicial judge becomes competent in matters of control of legality of an administrative act by reason of good administration...
...issue of the theory of the clear act and applied in an extended manner
The duality of jurisdictions allows the administrative judge to keep his exclusive jurisdiction
The administrative judge retains the exclusivity of the contentious by way of action
The contentious by way of exception is shared between the administrative judge and the judicial judge
The SCEA du Chéneau ruling leads to a new sharing of competences between judges
The judicial judge becomes competent in matters of control of legality of an administrative act by reason of good administration...
...issue of the theory of the clear act and applied in an extended manner
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Extract
[...] Judgment Comment Council of State October 2011, SCEA du Chéneau v. Inaport and M. Cherel and others v. CNIEL Composed of members from the Council of State and the Court of Cassation, the Council of State met on 17 October to rule on the legal control exercised by the judicial judge in matters of administrative acts, leading to a jurisprudence entitled SCEA du Chéneau. Following the implementation of several interministerial decrees whose issuance is made following the application of the law in rural matters and in fishing matters, the regulations issued provide for the obligation of a voluntary interprofessional contribution. [...]
[...] The SCEA du Chéneau ruling leads to a new division of competences between judges A. The judicial judge becomes competent in matters of control of the legality of an administrative act by reason of good administration? The upheaval of the SCEA du Chéneau ruling is due to the fact that the judicial judge sees its competences expanding. In fact, while the jurisprudence held until thenTC Septfonds) ne preventing the judicial judge from appreciating a control of the validity of an administrative act - notably in the framework of a control of conventionality - the SCEA du Chéneau ruling leads to an upheaval in the competences of the judicial judge. [...]
[...] In fact, the judicial judge has a competence at this level that allows them to rule quickly and gain speed during the procedure and this especially in the interest of good administration. Indeed, this notion of good administration is particularly derived from the various positions taken by the judges, especially the Constitutional Council having established it as an objective of constitutional value in a decision dated December decision n° 2009-595 DC of December 2009) following a first decision issued by the administrative judge since 2001CE April 2001, Association Choisir la vie and Association for Conscientious Objection to Abortion, n°216521). [...]
[...] Therefore, these decrees come into competition with the application of European standards. In fact, a referral is made to the Rennes Court of First Instance by a private milk producer (Mr. Cherel) followed by a second referral to the same instance by a private pork producer (SCEA du Chéneau). The means invoked by these two producers is the illegality of the interministerial decrees issued, disregarding the state aid regime mentioned within the [...]
[...] The duality of jurisdictions allows the administrative judge to keep his exclusive competence A. The administrative judge retains the exclusivity of the contentious by way of action The contentious of administrative acts largely falls within the office of the administrative judge. In fact, the latter holds the monopoly of the contentious by way of action against unilateral administrative acts - the reform of an administrative act holding its annulment. He also holds the monopoly of the contentious by way of action against administrative contracts. [...]
