What did the law of 16–24 August 1790 prohibit judicial courts from deciding?
Disputes involving the administration.
Which article of the 1790 law prohibited judicial courts from deciding administrative disputes?
Article 13.
What did the decree of 16 Fructidor Year III reaffirm?
The separation of administrative and judicial authorities.
Why was the decree of 16 Fructidor Year III issued?
Because of resistance from judicial judges.
Who initially judged administrative disputes during the revolution?
The administration itself.
What was the revolutionary solution for handling administrative disputes?
Entrusting the administration to judge its own actions.
What did the Tribunal des conflits judgment Blanco declare on 8 February 1873?
The State’s liability for public service damage is subject to special rules.
What principle did the Blanco judgment end regarding State responsibility?
It ended the principle of State irresponsibility.
What autonomy did the Blanco judgment affirm?
The autonomy of administrative law from the Civil Code.
According to the principle that jurisdiction follows the applicable law, which judge does administrative law lead to?
The administrative judge.
According to the principle that jurisdiction follows the applicable law, which judge does private law lead to?
The judicial judge.
What does the organic criterion link administrative law to?
The identity of the body issuing an act.
Why is the organic criterion insufficient for administrative law?
Because an administrative body may act under private law and a private person may manage a public service.
When does administrative law and the administrative judge generally apply?
When the administration acts as a public authority.
When do private law and the judicial judge generally apply?
When the administration acts as a private person.
What are exorbitant powers in administration?
Powers allowing administration to impose will without consent or judge's authorization.
When can administration exercise exorbitant powers?
Only in the general interest.
What limits the exercise of exorbitant powers?
The general interest both justifies and limits them.
What does the action for annulment for excess of power question?
Whether an administrative act is legal or illegal.
What additional power does full jurisdiction give the administrative judge?
To go beyond annulment and award damages.
What is the nature of administrative law?
It is fundamentally jurisprudential.
What knowledge is required for administrative law?
Knowledge of the judgments of the Conseil d’État.
What does the service-provision function of administration supply?
Goods and services such as water and childcare.
Which school considered the service public the cornerstone of administrative law?
The Bordeaux school.
What did the Bac d’Eloka judgment recognize about some public services?
They operate like private enterprises and are subject to private law.
What did Conseil d’État judgments Établissement Vézia and Caisse primaire aide et protection recognize?
A public service may be managed by a private person.
Which institution issued the judgments recognizing private management of public services?
Conseil d’État.
What is a public service according to René Chapus?
An activity of general interest ensured or assumed by a public person.
What type of criterion is general interest for identifying a public service?
A material criterion.
What type of criterion is assurance or assumption by a public person for identifying a public service?
An organic criterion.
When is general interest alone sufficient to identify a public service?
When the activity is managed by a public person.
Is general interest sufficient to identify a public service if managed by a private person?
No, it is necessary but insufficient.
Is general interest the opposite of private interests?
No, it is not the opposite of private interests.
Is general interest the sum of private interests?
No, it is not their sum.
How is general interest defined in relation to collective choice?
It is a collective choice that may serve a minority.
What distinguishes an assured activity from an assumed one in public management?
An assured activity is managed directly by a public person, an assumed one is delegated to a private person with retained control.
What is a public-power prerogative?
A power only a public person can have and use, not a private person.
According to Narcy (1963), when does a private person manage a public service?
When the activity serves general interest, is controlled by a public person, and involves public-power prerogatives.
Which judgment established the criteria for private management of public services involving public-power prerogatives?
The Conseil d’État Narcy judgment of 28 June 1963.
Under APREI (2007), how can a private person manage a public service?
By statutory qualification, Narcy criteria, or indicators of public control without public-power prerogatives.
Which judgment allows private management of public services without public-power prerogatives?
The Conseil d’État APREI judgment of 22 February 2007.
What does a service of general interest include in EU law?
Economic and non-economic services under public-interest conditions.
How does an economic service of general interest operate?
On a market under competition and public-service obligations.
What characterizes a non-economic service of general interest?
It is purely sovereign and not subject to competition.
Which sectors does universal service concern?
Telecommunications and postal services.
What does universal service require regarding tariffs and quality?
Affordable tariffs and a standard level of quality.
What presumption does the UsiA judgment of 16 November 1956 establish about public services?
A public service is presumed to be an SPA.
When does a public service become an SPIC according to the UsiA judgment?
When its object, resources, and operation resemble a private enterprise.
Which court issued the UsiA judgment on 16 November 1956?
The Conseil d’État.
Which law generally governs an SPA?
Administrative law generally governs an SPA.
Which judge generally has jurisdiction over an SPIC?
The judicial judge generally has jurisdiction over an SPIC.
Under which judgment may disputes on unilateral administrative acts in a privately managed SPA fall under judicial judge?
Under the Magnier judgment of 13 January 1961.
Which judge has jurisdiction over disputes concerning the service director and public accountant in an SPIC?
The administrative judge has jurisdiction.
Which judgment established administrative judge jurisdiction over SPIC service director disputes?
The Jalenques de Labeau judgment of 8 March 1957.
What type of acts are general organizational acts by SPIC directors?
They are unilateral administrative acts involving public-power prerogatives.
Which judge has jurisdiction over general organizational acts by SPIC directors?
The administrative judge has jurisdiction.
Which judgment confirmed administrative judge jurisdiction over SPIC directors' organizational acts?
The Époux Barbier judgment of 15 January 1968.
Test your knowledge with 24 questions on Administrative Law and Public Services.
1. What did Article 13 of the law of 16–24 August 1790 prohibit judicial courts from doing?
2. How were administrative disputes initially handled under the revolutionary solution to jurisdictional separation?
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