FRANCE
Substance of Administrative Powers, Administrative Acts
Public Powers
- In French law, specific legal competences (which individuals & private organisations
don’t possess) are called public power prerogatives.
- Of these specific competences, by far the most important is the ability to take
unilateral decisions, imposing obligations upon their addressees without any
consent from them to be required.
- The scope of unilateral decisions that each administrative authority is entitled to
issue is quite varied → can be deduced from statutes and regulations which define it
and its competences.
HOWEVER, it is admitted that all heads of administrative bodies can issue
unilateral decisions in order to establish the organisation of the bodies they rule
and arrange its functioning, and that the decisions they take can accordingly can
sometimes impose obligations upon citizens!
- Procedural requirements concerning administrative decisions stem either from
particular legal provisions or from general principles set out in case law.
A Fair Hearing Informing of Reasons Consultation & Assent
- Some decisions, mainly - For some decisions, - There are countless
negative, must be mainly negative, the situations in which
preceded by a fair author must express in administrative
hearing in principle. them (or in an attached authorities are required
- There are some document), the reasons to consult other
exceptions. why they took it. authorities before
- 11 July 1979 Act! issuing their decisions,
and even sometimes to
gain the assent of these
authorities.
Where a fair hearing is When giving reasons is Corresponding decisions
required, the decision will required, the decision will will be illegal where:
be illegal if: be illegal if: - The consultation has not
- The person to whom it - No reason was given in been made, or
is addressed didn’t the decision or in an - The inquiry was not in
receive notice of why attached document. conformity with the
the administration was - Reasons were given too (very precise) rules
considering the vaguely. concerning the conduct
decision, or - Reasons were given in a of such proceedings.
- He didn’t receive notice purely formal way.
sufficiently in advance
to be able to prepare
his/her arguments, or
- He was not put in a
position to argue with
the administration.
Substance of Administrative Powers, Administrative Acts
Public Powers
- In French law, specific legal competences (which individuals & private organisations
don’t possess) are called public power prerogatives.
- Of these specific competences, by far the most important is the ability to take
unilateral decisions, imposing obligations upon their addressees without any
consent from them to be required.
- The scope of unilateral decisions that each administrative authority is entitled to
issue is quite varied → can be deduced from statutes and regulations which define it
and its competences.
HOWEVER, it is admitted that all heads of administrative bodies can issue
unilateral decisions in order to establish the organisation of the bodies they rule
and arrange its functioning, and that the decisions they take can accordingly can
sometimes impose obligations upon citizens!
- Procedural requirements concerning administrative decisions stem either from
particular legal provisions or from general principles set out in case law.
A Fair Hearing Informing of Reasons Consultation & Assent
- Some decisions, mainly - For some decisions, - There are countless
negative, must be mainly negative, the situations in which
preceded by a fair author must express in administrative
hearing in principle. them (or in an attached authorities are required
- There are some document), the reasons to consult other
exceptions. why they took it. authorities before
- 11 July 1979 Act! issuing their decisions,
and even sometimes to
gain the assent of these
authorities.
Where a fair hearing is When giving reasons is Corresponding decisions
required, the decision will required, the decision will will be illegal where:
be illegal if: be illegal if: - The consultation has not
- The person to whom it - No reason was given in been made, or
is addressed didn’t the decision or in an - The inquiry was not in
receive notice of why attached document. conformity with the
the administration was - Reasons were given too (very precise) rules
considering the vaguely. concerning the conduct
decision, or - Reasons were given in a of such proceedings.
- He didn’t receive notice purely formal way.
sufficiently in advance
to be able to prepare
his/her arguments, or
- He was not put in a
position to argue with
the administration.
