French administrative law
Author(s)
Bibliographic Information
French administrative law
Clarendon Press , Oxford University Press, 1993
4th ed. / L. Neville Brown, John S. Bell with the assistance of Jean-Michel Galabert
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Note
Includes bibliographical references (p. [319]-322) and index
Description and Table of Contents
Description
Except perhaps for the Code Napol 'eon , le droit administratif may be regarded as the most notable achievement of French legal science. Its influence has been great, not only in other countries of the European Continent and beyond, but also upon the developing law of the European Community. The principal architect of French administrative law has been, and remains, the Conseil d'Etat, although assisted now at local and regional level by administrative courts of first instance and appeal. This book, now in a much expanded and completely revised fourth edition, discusses the structure, procedure and jurisdiction of the administrative courts, with particular emphasis on the Conseil d'Etat, and analyses the substantive law which they apply. In addition, an assessment is made of the influence of this law upon selected countries within the European Community and upon the law of the Community itself. The numerous appendices are an important feature of the book, providing extensive judicial statistics, model pleadings and other illustrative material. Throughout, the approach is comparative with frequent reference to administrative law and practice within the United Kingdom.
This book is intended for students of French Law and Comparative Public Law; second- and third-year students.
Table of Contents
- Part 1 The constitutional and administrative background: the constitution - the division of powers
- le Conseil Constitutionnel
- droit administratif
- modern administration
- le mediateur
- local government
- the civil service. Part 2 The administrative courts: the birth of autonomous administrative courts
- coping with overload
- integrating administrative justice
- other administrative jurisdictions. Part 3 The structure and membership of the courts: the structure of the Conseil d'Etat
- the membership of the Conseil d'Etat
- recruitment to the Conseil d'Etat
- the career structure within the administrative courts. Part 4 The procedure of the courts: commencement of proceedings
- instruction
- rapport
- seance d'instruction aupres du Conseil d'Etat
- commissaire du gouvernement
- judgment
- the decision
- execution
- appeal or cassation
- special procedures
- adjournment for preliminary ruling
- general observations. Part 5 The jurisdiction of the courts: the basic texts
- the search for a criterion
- the guiding principle
- the principal exceptions
- conflicts procedure - the Tribunal des Conflicts. Part 6 The conditions precedent for judicial review: the nature of the act under review
- the rule of the "prior decision"
- the "locus standi" of the plaintiff
- the absence of parallel relief
- the time limit for commencing proceedings
- exclusion of judicial review. Part 7 The substantive law - the principle of administrative liability: categories of litigation before the courts
- criticism of the traditional classification
- administrative legality and administrative liability
- the liability of the administration
- administrative torts
- liability without fault - theory of risk
- administrative contracts
- general observations. Part 8 The substantive law - the principle of administrative legality: the content of the principle of legality
- les principes generaux du droit
- grounds for review
- cassation
- the extent of judicial review
- general observation. Part 9 The influence of droit administratif outside France: Belgium
- the Netherlands
- Italy
- Germany
- Greece
- the Court of Justics of the European Communities
- French law and Community law in conflict. Part 10 Conclusions: the character and success of the French system
- merits of the French system
- defects of the system
- final assessment.
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