Recommended link to article:
XAVIER LATOURа
аThe University of Nice – Sophia Antipolis
DOI: 10.22394/2070-8378-2021-23-2-74-82
Abstract:
The article describes issues related to the independence of administrative judges in France. The merits of French administrative judges are constantly being discussed. Since the establishment of the Council of State, administrative jurisdiction has not only received the respect it deserves but has also been subject to criticism for its legitimacy. Consideration of the position of a French administrative judge refers to the jurisdictional dualism that is characteristic of France. The Administrative Court regularly makes strong arguments in its favor; it has the legally enshrined right to exist and objective grounds for this. It serves the idea of justice and equality, carries out tasks that no one else can fulfill through addressing three different audiences: the administration and the outside political power, of which it is a branch, the applicant, and the court of general jurisdiction. At the same time, it is necessary to pay attention to the problems of a European judge who can change the legal identity of a state. Some foreign judges dare to question the legitimacy of European case law and thus defend their own legitimacy, but in France, this approach is unlikely to be observed. The author believes that administrative judges should accept the classic challenge of a relationship with the national authorities and rethink its legitimacy concerning the supranational judiciary.
Keywords:
administrative judge, court of general jurisdiction, national law, European law, supranational judicial power
Received:
December 24, 2020
References:
Abraham R. The magistrates of TA and CAA. RFDA, 1988. In French
Arnoult E., Monnier F. The Council of State: advice, judge, serve. Gallimard, 1999. In French
Baranger D. What is the “rule of law”? What does it control? The judge’s responsibilities for interim measures and the maintenance of the state of emergency. RFDA, 2016. In French
Béchillon D., de. Genesis and structure of strict liability of the State in French administrative law // Kirat T. The worlds of liability law: a look at the law in action. LGDJ, 2003. In French
Bigot G. The so-called administrative right. Editions La Mémoire du droit, 2015. In French CAAs. AJDA, 2008. In French
Camguilhem B. Research on the foundations of strict liability in administrative law. Dalloz. 2014. Vol. 132. In French
Carpentier E. Permanence and unity of the concept of an act of government. AJDA, 2015. In French
Chapus R. The administration and its judge. PUF, 1999. In French
Chauvet C. What remains of the “theory” of internal measures? AJDA, 2015. In French
Chevallier J. Administrative law, the law of privilege. Pouvoirs, 1988. No. 46. Р. 57. In French
Cohen D. The consolidation of the protective role of the individual freedoms for the judicial judge. JCP G, 2017. In French
Costa J.-P. The Council of State in contemporary society. Economica. 1993. In French
Deguergue M. Responsibility for police activities. In: La police administrative (Ed. by Vautrot-Schwarz C.). Presses universitaires de France, 2014. In French
Delaunay B. The administration’s fault. LGDJ, 2007. In French
Delvolvé P. The independence of administrative and judicial justice // Mélanges E. Zoller. Thinking the right from the individual. Dalloz, 2018. In French
Denoix de Saint Marc R. Towards reasoned socialization of risk. AJDA, 2005. In French
Dupeyroux O. The independence of the Council of State ruling on litigation. RDP, 1983. In French
Eveillard G. Is there still an administrative liability for gross negligence in administrative police matters? RFDA, 2006. In French
Gonod P. The Council of State at a crossroads? AJDA, 2008. In French
Guyomar M. The right to an independent and impartial judge in administrative matters, the principle seen from the Council of State. AJDA, 2001. In French
Jegouzo Y. Sixty years of administrative tribunals. AJDA, 2013. In French
Krynen J., Raibaut J. The legitimacy of judges. Presses universitaires de Toulouse, 2004. In French
Latour B. The making of law: ethnography of the Council of State. La Découverte, 2002. In French
Le Pourhiet A.-M. The European Court of Human Rights and Democracy. Constitutions. 2018. In French
Lochak D. What legitimacy for the administrative judge? Law and politics. 1993. In French Mestre J.-L. The history of administrative law // Gonod P., Melleray F., Yolka P. Treatise on administrative law. Vol. 1. Dalloz, 2011. In French
Odent B., Truchet D. Administrative justice. Presses universitaires de France, 2008. In French
Reparation of prejudices in administrative law, a special case. AJDA, 2014. In French
Responsibility and socialization of risk. EDCE, 2005. In French
Ribadeau Dumas B. Careers in and out of the Council of State. Pouvoirs. 2007. No. 123. Р. 89. In French
Roblot-Troizier A. State of emergency and protection of freedoms. RFDA, 2016. In French
Sauvé J.-M. The administrative judge and fundamental rights. AJDA, 2016. In French
Sauvé J.-M. An independent and impartial judge // Compositions in honor of J.-P. Costa. Dalloz, 2011. In French
Sudre F. The mystification of the European “consensus”. JCP G, 2015. In French
The Council of State and changes in the political regime. Rev. Adm. 1998. In French
Travard J. The victim and the evolution of non-contractual administrative liability. Mare et Martin, 2013. In French
Vallar C., Chrestia P. Sixty years of administrative tribunals. PUAM, 2016. In French
Vigouroux C. Ethics of administrative judges. RFDA, 2017. In French
Zorkin V. The European Convention on Human Rights and the problems of its implementation. Constitutions. 2016. In French
Articles in Open Access mode are published under the Creative Commons Attribution 4.0 International (CC BY) license.
