Flashcards: Foundations of French Administrative Jurisdiction — 20 cartões

Dualism in French jurisdiction — definition?

Two separate judicial orders: administrative and judicial.

History of administrative judge — origin?

Evolved from active administration, gaining independence over time.

Creation of Conseil d'État — year?

Established by the 22 Frimaire an VIII (1799).

Jurisdictional organization — main levels?

Tribunaux administratifs and Cours administratives d'appel.

Jurisdictional competence — defined by?

Article 2 of the Code de la justice administrative.

Jurisdictional distribution — basis?

Nature of dispute and involved parties.

Role of Tribunal des Conflits — function?

Resolves jurisdictional conflicts between courts.

Jurisdictional conflicts — origin?

Arise from jurisdictional overlaps between administrative and judicial courts.

Jurisdictional reform proposals — aim?

Improve efficiency, independence, and specialization of courts.

European influence — key aspect?

European standards shape administrative law and independence.

Constitutional influence — main article?

Articles 1 and 2 of the 1958 Constitution affirm judicial independence.

Dualism — roots?

Ancien Régime and revolutionary laws of 1790.

Conseil d'État — original role?

Advisory body inspired by Conseil du Roi.

Conseil d'État — judicial shift?

Became a judicial body after 1872 law and Blanco decision.

Jurisdictional competence — courts' scope?

Control over administrative acts and decisions.

Distribution of jurisdiction — purpose?

Ensure specialized handling of public law disputes.

Tribunal des Conflits — significance?

Established to arbitrate jurisdictional disputes.

Conflicts — resolution method?

Tribunal des Conflits determines jurisdiction.

Reform proposals — focus?

Creating specialized courts, enhancing independence.

European law — impact?

Incorporates fundamental rights and procedural standards.