National audience In mirror doctors’ hippocratic duties, patients’ rights have slowly emerged and the care relationship has gradually been captured by law. A fundamental shift was made by the Law of 4 March 2002, known as the ‘Kouchner Law’, which, inter alia, enshrined the rights of the person care...

Paris and Tokyo are; two world capitals which attract tourists, students, artists and foreign investors. To face their competitors, these two big cities are starting several urban planning projects. In Paris, as in Tokyo, construction takes place in several districts. However, the procedures for est...

International audience

National hearing

National hearing

The basic principles of the system of division of powers in New Caledonia are laid down in Title 2 of Organic Law No 99-209 of 19 March 1999 on New Caledonia, and in particular Chapter 1 thereof: “The division of competences between the state, New Caledonia, provinces and municipalities”. The percep...

The history of administrative law has already shown that time is playing in favour of litigants, since the development of the case-law has consistently led to better protection of the latter. The judgment of the Conseil d’État (Council of State) of 30 October 2009 confirms that, in law as in other f...

‘titrebSummary’ reference id = ‘re1no1’ idref = ‘no1’ typeref = ‘note’ b1 ‘/renvoib’/titrebThe emergence of mass disputes in the last third of the twentieth century accelerated the modernisation of an institution that was not prepared for a standardised approach to dispute resolution. In particular,...

(CE, 18 December. 1996, Société anonyme Omya — Minister for Industry, No 156270, 156543)

International audience

International audience

(CE 28 juill. 1993, Chamonix-Mont-Blanc CNE, No. 124099)

(CE 28 juill. 1993, Rosant, fn. 103795)

The very dense litigation relating to impact assessments raises many questions, including the question of including the defects likely to affect those documents in the field of external legality. That theoretical classification is often out of step with the review carried out by the administrative c...

Regardless of the fact that sectoral regulation is usually associated with the emergence of new forms of normativity, unilateral administrative acts have a prominent place among its various instruments. Conceived of as a special mission of the Administration whose main objective is the protection of...

International audience

National hearing "By confirming the judgments of the Cour administrative d’appel de Paris (Administrative Court of Appeal, Paris) of 22 April 2004, the Conseil d’État takes a position for the first time on a dispute initiated thirteen years ago concerning the anti-competitive practices affecting SNC...

International audience

Immigration policy is an area in which fundamental freedoms can be threatened by public actions. To fight against illegal immigration the French government takes police measures that could be challenged before the courts. Administrative justice is now able to quickly protect the interests of the mos...

In breach of the traditional distinction between delegation of power and delegation of signature, that decision recognises, in the context of a delegation of the power to suspend an official, the existence of a concurrent competence between the delegating authority and the delegatee authority. The n...

International audience

(commentary to Law No 95-125 of 8 February 1995)

The mission or even the nature of administrative justice is undergoing, in the general context of the contemporary development of administrative law through all French and European national law, an essential change. The advent of legal pluralism and the emergence of several types of competition have...

The dispute concerning the application of international law in domestic law and the dispute concerning administrative liability are undergoing profound changes. Two very clear trends in case-law — trends which have recently been confirmed and reinforced by two major judgments of the Assembly of the...

International audience