Autonomy of Administrative Law: Principles and Jurisprudential Foundations in Liability Matters
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Administrative law autonomy, private law, public service, administrative jurisdiction, liability, Council of State, Blanco decision, public power, administrative contracts, public works law, administrative contentious, competence, substance, separation of authorities, revolutionary texts, laws of 16 and 24 August 1790, decree of 16 Fructidor An III, articles 1382 and 1384 Civil Code, public management, private management, administrative law rules, jurisdictional competence, public-private partnerships PPP, administrative activities, State liability, general principle of autonomy, jurisprudential boundaries, administrative law schools, SP criterion, PP criterion
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Unlock the nuances of administrative law and its distinction from private law. Discover how the landmark Blanco decision established the autonomy of administrative law, governing public services, contracts, and liability. Learn about the jurisprudential boundaries and the role of public service and public power in shaping administrative law. Understand how this autonomy applies to matters of liability, contracts, and public works, and explore the foundations of this legal principle. Dive into the details of this pivotal jurisprudence and its lasting impact on contemporary administrative law.
Extract
[...] The decision Blanco refers to two essential notions that will be systematized by the doctrine creating two schools of administrative law: the notion of public service and the notion of public power. The first is targeted at two moments of the judgment, while the second appears less clearly, but is not absent from the reasoning of the Council of State, which refers to the 'rights of the State' as well as its commissioner David, who draws the lines of distinction between public management and private management. [...]
[...] A different administrative law from private law This is particularly the case when the administration uses PPP, unknown to common law. A administrative law identical to private law This identity results either from: - From a reception of private law: the JA reproduces in DA a rule of private law (the content of the norms is identical but the foundation is different) - From an application of private law: for example, the JA applies an article of the Civil Code. [...]
[...] The Jurisprudential Boundaries of Administrative Law The two schools have known their hour of glory in jurisprudence as a criterion of definition of administrative law The SP criterion: used by jurisprudences at the beginning of the XX century : - Terrier (1903) ; - Thérond (1910) ; - Feutry (1908). The PP criterion then experienced a revival and came to compete with that of the SP: definition of administrative contractsSociété des granits porphyroïdes des Vosges of 1912). However, jurisprudence has clarified that it does not intend to abandon in this field the SP criterion: cf. Époux Bertin of 1956. Alternatives; sources of complications. [...]
[...] - Introduction and detailed plan Introduction « The liability that may be incurred by the State ( . ) cannot be governed by the principles established in the Civil Code, for relations between individuals; that this liability is neither general nor absolute; that it has its special rules'. This is the reasoning behind the decision Blanco, dated 8 February 1973, by which the Council of State consecrates the autonomy of administrative law. In the case of Blanco which has remained famous, the Council of State had to know of an action in liability brought by Mr. [...]
[...] Going beyond the strict framework of the dispute and linking the questions of competence and substance, it comes to consecrate by this jurisprudence Blanco, a general principle of administrative law autonomy by which administrative disputes are governed by a particular law and a particular judge. The decision Blanco attests that, according to a well-known adage, the competence follows the substance. It bases the competence of the administrative jurisdiction on the existence of a particular right, specific to administrative activities: administrative law. This autonomy is applied in the case of the matter Blanco, in matters of liability. But it is actually a general autonomy that will permeate the entire administrative contentious: public services law, administrative contracts law, public works law, etc. [...]
