CAL REVISION – FR
1. What is an “administrative decision” (décision) and where is it defined?
It is a decision by an administrative organ, able to change – in positive or negative – the legal
sphere of an individual. It may be on an individual case or of general nature. It can have both
external or internal effects. It is to be found in case law.
Only the first three requirements are, in fact, requirements. The latter two are for further
specification!
2. How can an administrative act be distinguished from other forms of
administrative action?
- Decision: unilateral in nature ≠ bilateral and consensual measures.
- Administrative organ: vested with public powers ≠ private individuals, unless
exercising public law functions.
- Able to change legal sphere of individual ≠ factual acts (unknown concept in the
French legal system!)
- Individual case/general nature: décision individuelle, particulière, réglementaire
o Individuelle = one or more determined addressee(s)
o Particulière = determinable addressee(s)
o Réglementaire = undetermined & undeterminable addressee(s), general +
abstract
3. Contracts
A contract is NOT allowed, if the objective can be achieved through public law powers!
Administrative law contract → whenever the administration is carrying out a public service
(Blanco). Public prerogatives/public powers = provisions in a contract derogating from the
CC.
Private law contracts are governed by the French CC!
4. Principle of legitimate expectations
Principle does not really exist as such (KPMG case!), instead legal certainty (narrower
concept). Administrative acts cannot apply retroactively, only effects for the future. When the
law/policy changes, a transitory period must exist to allow individuals to adjust. LE exists at
EU level, but it does not apply in wholly internal situations! NO LE because of recours
objectif → if something is illegal, it should be withdrawn.
5. Principle of proportionality
Cost-benefit analysis = weighing gains (balance between gain/benefit to community & injury/
burden to individual. Mild control by courts (Ville Nouvelle-Est) → courts will only look at
decisions that are arbitrary, unreasonable or ill-considered (latter means strangely motivated
decisions)!!! Trias politica!!! A German judge is more powerful than a French judge, it can
adjudicate more cases.
6. Principle of legality
1. What is an “administrative decision” (décision) and where is it defined?
It is a decision by an administrative organ, able to change – in positive or negative – the legal
sphere of an individual. It may be on an individual case or of general nature. It can have both
external or internal effects. It is to be found in case law.
Only the first three requirements are, in fact, requirements. The latter two are for further
specification!
2. How can an administrative act be distinguished from other forms of
administrative action?
- Decision: unilateral in nature ≠ bilateral and consensual measures.
- Administrative organ: vested with public powers ≠ private individuals, unless
exercising public law functions.
- Able to change legal sphere of individual ≠ factual acts (unknown concept in the
French legal system!)
- Individual case/general nature: décision individuelle, particulière, réglementaire
o Individuelle = one or more determined addressee(s)
o Particulière = determinable addressee(s)
o Réglementaire = undetermined & undeterminable addressee(s), general +
abstract
3. Contracts
A contract is NOT allowed, if the objective can be achieved through public law powers!
Administrative law contract → whenever the administration is carrying out a public service
(Blanco). Public prerogatives/public powers = provisions in a contract derogating from the
CC.
Private law contracts are governed by the French CC!
4. Principle of legitimate expectations
Principle does not really exist as such (KPMG case!), instead legal certainty (narrower
concept). Administrative acts cannot apply retroactively, only effects for the future. When the
law/policy changes, a transitory period must exist to allow individuals to adjust. LE exists at
EU level, but it does not apply in wholly internal situations! NO LE because of recours
objectif → if something is illegal, it should be withdrawn.
5. Principle of proportionality
Cost-benefit analysis = weighing gains (balance between gain/benefit to community & injury/
burden to individual. Mild control by courts (Ville Nouvelle-Est) → courts will only look at
decisions that are arbitrary, unreasonable or ill-considered (latter means strangely motivated
decisions)!!! Trias politica!!! A German judge is more powerful than a French judge, it can
adjudicate more cases.
6. Principle of legality
