Administrative Litigation Quiz

Extract

[...] In a fiscal contentious appeal before the administrative judge, what is the judge's room for maneuver? he can reform the amount of taxation and grant refunds or restitution ; he can only establish the legality or illegality of the taxation, without modifying the amount due ; he is required to apply the administration's decision strictly without any control ; he can only address non-binding recommendations to the administration. NB : any wrong answer cancels the correct answer. CORRECTION Question 1 : d The full contentious is characterized by the possibility for the judge to grant a compensation for the prejudice suffered by the applicant. [...]

[...] It is not a civil fault in the sense of private law. Personal fault detachable from the service may engage the personal liability of the agent, but the fault of service is the usual basis of administrative liability. Question 5 : a The full tax dispute is characterized by a broad power of modification granted to the judge. The judge can reform the amount of taxation, grant tax reductions (reduction of taxation) or refunds (reimbursement of overpayments). This is the main advantage of full litigation compared to annulment litigation. [...]

[...] This is a general principle of administrative and international procedural law. Question 3 : b The fundamental distinction between the two types of contentious proceedings is as follows: the contentious proceedings for annulment aim at the elimination of the illegal administrative act. (it's an objective contentious proceeding), while the full contentious proceeding allows the judge not only to annul the act, but also to modify the legal situation of the applicant by granting compensation or taking any other useful measure. [...]

[...] Which of the following remedies is most clearly related to full contentious proceedings? the appeal requesting the declaration of illegality of a circular without any other request ; the appeal contesting the regularity of a local election without a request for remedial measures ; the appeal seeking to have a decree annulled for lack of jurisdiction ; the appeal by which an official requests the repair of a prejudice resulting from an illegal sanction. In the Nigerien system, what is the general condition of admissibility required to introduce an appeal for annulment against an administrative act ? [...]