Administrative Law L2 Study Sheets

Sources of French Administrative Law

French administrative law is predominantly case-law-based, built by the Conseil d'État. It applies special rules justified by the public interest, distinct from private law.

Written Sources

• 1958 Constitution: free administration of local authorities (Art. 72), competence of administrative courts
• International treaties (Art. 55): superiority over statutes — CE, Nicolo, 1989 (the Conseil d'État now reviews statute compatibility with treaties)
• EU law: directly applicable regulations and directives requiring transposition
• Laws and regulations: regulatory power (Art. 37) is a major source

Landmark Cases

Administrative Courts

Three levels: Tribunaux administratifs (first instance), Cours administratives d'appel (appeal), and the Conseil d'État (cassation and, in some cases, first and last instance). The Tribunal des conflits resolves jurisdictional disputes.

Unilateral Administrative Acts

A unilateral administrative act modifies the legal order without the addressee's consent. The administrative judge reviews external legality (competence, form, procedure) and internal legality (error of law, error of fact, misuse of power). The recours pour excès de pouvoir (REP) is the principal remedy seeking annulment of illegal acts — affirmed as a general principle of law in CE, Dame Lamotte, 1950.

Administrative Contracts

A contract is administrative either by statutory determination (public procurement) or by case-law criteria: at least one public party (organic criterion) and a link to public service or exorbitant clauses (material criterion). The administration holds special powers: unilateral modification, supervision, sanctions, and termination in the public interest.

Administrative Liability

• Fault-based liability: the standard regime — the administration is liable for service faults committed by its agents.
• No-fault liability: based on risk (public works damage) or breach of equality before public burdens (liability for legislation — CE, La Fleurette, 1938).

Administrative Policing

Administrative policing prevents public order disruptions (safety, tranquillity, public health, dignity). It is subject to a proportionality review established in CE, Benjamin, 1933: any police measure must be proportionate to the threat.