The Contenious Recourse of Administrative Acts: A Study on the Limitations of Jurisdictional Control
Download
Read an extract
Themes
Administrative acts, contentious recourse, jurisdictionallegations of abuse of power, administrative judge, jurisdictional control, procedural obstacles, institutional limits, effectiveness of protection
Reader
Abstract
Extract
of 7
Abstract
This dissertation explores the contentious recourse of administrative acts, examining the limitations of jurisdictional control and the effectiveness of protection for the administered. It delves into the procedural and institutional obstacles that hinder access to the administrative judge, questioning whether the contentious recourse guarantees an effective protection of the administered or remains a limited control.
Extract
[...] Finally, when the use of administrative power or procedure is made for illegitimate reasons, in this case, it is a question of an abuse of power. If it is an external legal vice, this is possible in the event of omission of a mandatory procedure, of the incompetence of the administrative agent who took the decision, but also of the decision-making without motivation. This shows that the recourse for abuse of power has as its main objective to ensure the respect of the principle of legality, therefore the conformity of administrative acts to the law. [...]
[...] Having over the years an increasing number of contentious appeals against decisive administrative acts, the means allocated to administrative jurisdictions will aggravate the delays. This administrative justice is rendered by specialized jurisdictions composed in part of magistrates from the Council of State, which demonstrates that the administration cannot be independent without them. Specialized jurisdictions are essential for the proper conduct of decisions. If the administration sometimes has a certain autonomy, this may limit the jurisdictional decisions that will be less numerous. [...]
[...] The contentious recourse is essential for the control of the legality of administrative acts but this will lead to limitations of recourses by procedural and institutional constraints (II). I. A contentious recourse essential for the control of the legality of administrative acts The contentious recourse essential for the control of the legality of administrative acts leads to invoking administrative acts as the foundation of administrative contentiousness but also the different contentious recourse channels A. Administrative acts as a basis for administrative contentiousness The administration mainly uses two means to act within its functions, the unilateral administrative act and the administrative contract. [...]
[...] The administrative judge must therefore verify whether the individual meets certain conditions to take action. The applicant must have an interest in taking action. Only persons with a direct, personal, and legitimate interest can contest an administrative act. The interest must be sufficiently serious and affected by the act. However, certain limits are to be noted, as an individual is not able to act simply because of a disagreement that is political or moral in nature. On the other hand, regarding the deadline for appeal, this constitutes a major obstacle. [...]
[...] It is then by the law of May that the Council of State takes a considerable place by benefiting from a true jurisdictional power. It renders decisions in the name of the French people, which formalizes independent administrative justice. It is therefore a matter of delegated justice. The \"Cadot\" judgment of 1889 puts an end to the principle of minister-judge. Then, multiple evolutions lead to a strengthening of the jurisdictional control over the administration, such as the full jurisdiction litigation, the suspension referral and the liberty referral. Thus, today, the contentious recourses against decisive administrative acts have a clear jurisdictional organization. [...]
