Administrative law, public law, European Union law, European Court of Human Rights, jurisprudence, administrative activity, public interest, private interest, Council of State
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Abstract
Explore the definition, evolution, and principles of administrative law, including its relationship with European Union law and the European Court of Human Rights.
Extract
[...] This specificity is justified by the Blanco judgment of the Council of State of 8 February 1873, by the particularity of the public interest of administrative law. This judgment allowed for the first time to involve the responsibility of the State but not that present in the Civil Code ? so creation of a special rule that is neither general nor absolute. The public interest is distinct and superior to private interest. This specificity implies various privileges of the administration vis-à-vis the 'administered'. BUT the specificity of administrative law is relative. [...]
[...] A service public : « All activity whose accomplishment must be regulated, assumed and controlled by the governments, because it is indispensable to the realization and development of social interdependence and because it is of such a nature that it can only be ensured completely by the intervention of the governing force». ? The particularities of administrative law are based on the requirements of the implementation of this state function ? The notion of public service is a bit vague and a bit legal ? He opposes HAURIOU in defending an objective vision of administrative law as a law serving to frame social functions ? Administrative law applies to public services while private law applies to other activities ? [...]
[...] Its purpose is to make a proposal for a ruling independently of the group of officials. - IIe Republic The Council of State becomes even more independent as it becomes a judge and for the first time, its members are appointed by the National Assembly. There is the creation of a Tribunal of Conflicts (1849) because the Council of State has become a judge - Second Empire The Council of State becomes once again the auxiliary of the Head of State (linked to the Head of State and appointed by the Head of State) ? [...]
[...] He gave importance to jurisprudence to define administrative law ? Systematisation of the different appeals before the Council of State (full jurisdiction, annulment?) ? Study of administrative law in relation to major issues (liability, contracts) ? Distinction between act of public authority (administrative law, competence of administrative judge) and act of management (private law in principle, administrative law by exception) - Maurice HAURIOU (1856-1929) ? Having written precise administrative law ? He worked on the theory of the legal personality of the State with specific rights ? [...]
[...] Administration : In the organic sense (in the sense of structure)? Branch of executive power responsible for implementing political decisions (sets of institutions, national, local . ) Decisions taken by distinct institutions (Example: The Prime Minister is both a political and administrative organ) Administration : In functional terms ? This is the activity of execution Administrative activity : Activity of realizing the general interest determined by political instances (parliament, government) General interest is normally implemented by the administration and secondarily by private individuals ? [...]
