administratve tribunals

8/10/2019 Administratve Tribunals

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R P U B L I Q U E F R A N A I S

An overview

The administrative justice syst

O N S E I L D T A T - A D m I N I S T r A T I v E C O u r T S O f A p p E A L - A D m I N I S T r A T I v E T r I b u


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Building permits, tax rates, GMO regulations, or orders to leave the French territory allacts by the administration may be challenged by citizens. 42 administrative tribunals,8 administrative courts of appeal and the French Conseil dtat rule on disputes betweenindividuals and public authorities (the State, local authorities, independent administrativeauthorities and public institutions).

Constitutional principles enshrine the existence of the administrative justice system,its jurisdiction and its independence. In accordance with these principles, only an

administrative court may quash or, on occasion, revise decisions taken by the State, localauthorities or public bodies operating under their authority or control. Administrativecourts may also order a public legal body to pay compensation, particularly wherea wrongful act by that public legal body has given rise to damage or loss. On a day-to-day basis they safeguard human rights and civil liberties, in accordance with publicinterest. They are the guardians of the rule of law in relations between citizens andpublic authorities.

Protecting citizens from abuses orerrors by the administration

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42 administrative tribunals,

8 administrative courtsof appeal

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The adminisTraTive judge: a judge wiTh addiTional Powers

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Administrative tribunals, administrative courts of appeal, Conseil dtat:the three levels of the administrative justice system

administrative tribunals, first-instance courts

In France there are 42 administrative tribunals (31 in continental France and 11 in overseas territories). In the eventof a dispute, the administrative tribunal which in principle has jurisdiction is the one located in the geographicalarea where the authority which has taken the decision at issue has its headquarters. In 2008, administrativetribunals heard over 183,000 cases. The expected average waiting period for decisions, which stood at over20 months in 2000, has been reduced to less than 13 months.

administrative courts of appeal, appellate courts

Approximately 16% of judgments rendered by administrative tribunals are appealed before the administrative courtsof appeal (for some disputes, it is still the Conseil dtat that hears appeals). The eight appeal courts of Bordeaux,Douai, Lyon, Marseille, Nancy, Nantes, Paris and Versailles heard approximately 27,000 cases in 2008, and theexpected average waiting period for decisions which in 2000 was over three years is now less than 13 months.

The members of the administrative tribunals and administrative courts of appeal amounting to over 1,000judges form a single body, and are mainly recruited through ENA (the National School of Administration)and competitive examinations.The law guarantees their security of tenure and their independence. All individual measures relating to thecareers, promotion and disciplining of judges are subject to review by the High Council of AdministrativeTribunals and Administrative Courts of Appeal, made up mainly of judges, elected by their peers, as well asqualied persons, and chaired by the Vice-President of the Conseil dtat.

Working alongside the judges, over 1,300 clerks ensure the smooth day-to-day operation of theadministrative courts of appeal and the administrative tribunals. They are responsible for managing case-les: registering and forwarding applications, handing over documents in the le between the parties,drafting and notifying of judgments, etc.


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the conseil dtat, supreme administrative court

The Conseil dtat is mainly a court of cassation. Over three-quarters of the casesbrought before it are appeals in cassation, directed mainly against administrativecourt of appeal decisions and certain administrative tribunal decisions, as well asagainst decisions made by specialised administrative bodies.

The Conseil dtat is also a court of appeal. Its jurisdiction to hear appeals has,however, been gradually transferred to the administrative courts of appeal created in1987; today, it is mainly limited to disputes regarding municipal and cantonal electionsand actions for the determination of legality originating from the judicial courts.

The Conseil dtat is also a court of rst instance for disputes of particular signicance decrees, regulatory decisions by ministers, decisions by collegiate bodies withnational jurisdiction, individual measures relating to ofcials appointed by decree ofthe President of the Republic or whose geographical scope goes beyond the sphereof responsibility of an administrative tribunal. In addition, the Conseil dtat rulesdirectly on disputes regarding elections to regional councils and to the EuropeanParliament. Cases at first instance account for approximately a quarter of theproceedings brought before the Conseil dtat.

Hearing approximately 10,000 cases per year, the Conseil dtat has, in common withother jurisdictions, made considerable efforts to reduce its expected average waiting

period for decisions, which has now been reduced to less than 10 months.Specialised administrative tribunals

In addition to the ordinary courts, namely the administrative tribunals and the administrativecourts of appeal, there are specialised courts: the Cour des comptes (Court of Auditors);the Cour de discipline budgtaire et nancire (Budget and Finance Disciplinary Court);the Commission centrale daide sociale (Central Commission of Social Aid); the Conseilsuprieur de la magistrature (Supreme Judicial Council), which rules on disciplinarymatters and disciplinary sections of professional bodies; and the Cour nationale du droitdasile (National Court of Asylum), which rules on appeals against refusals to grant refugeestatus. The Conseil dtat acts as the court of cassation for these bodies.

Case law ThaT ProTeCiTizens righTs

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A rapid increase in administrative litigation

Protecting fundamental liberties and human rights, defending the public interest,ensuring that public governance is of a high quality: the administrative courts, at theheart of public life, are required to deal with litigation that is increasing rapidly anddiversifying.

Since the beginning of the decade, administrative litigation has increased, on average,by 6.5% annually for administrative tribunals and by 10% for administrative courts ofappeal. The traditional spheres of administrative litigation, such as taxes, administrativecontracts, civil service, civil liberties and administrative police (particularly in relationto policies to control immigration) remain very important. However, the increase inthe number of public authorities, particularly independent ones, and changes to publicpolicies have also led to an extension of the scope of public law and the jurisdiction ofthe administrative courts.

Over ten years, the number of cases brought before the administrativecourts has increased by 96% for the administrative tribunals and

by 164% for the administrative courts of appeal.

This development is evident in the increasing importance of environmental law, whetherin relation to environmental governance (public consultation and involvement) orsubstantive issues (protection of biodiversity, combating greenhouse gas emissions, safety

of industrial installations, management of water resources and waste, environmentalliability, etc.). It can also be seen in relation to the development of land use and urbanplanning law, or in the sphere of local authorities (regions, departments, municipalitiesand overseas collectivities or territories with a special status, etc.), the jurisdictionand decision-making powers of which are continually increasing. Regulation of theaudiovisual sector and the protection of citizens in relation to personal data handlingare also responsible for an increase in administrative litigation. The same is true of sociallegislation (public health, social assistance and action, the enforceable right to housing,the earned income supplement, etc.) and economic legislation (public purchasing, publicproperty or privatisations, economic intervention, regulation of sectors being opened upto competition, monitoring of economic concentrations, pricing of public goods, etc.).

The Conseil dTaT,in Charge of ThemanagemenT of TheadminisTraTive CourTs

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administratve tribunals

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