History of the French administrative law

One of directing wire of the history of the Administrative law French is the will to keep away the judges of common right of the litigations blaming the Administration. Indeed one considered with the memory of the opposition of the Parliaments of the Ancien Mode that “to judge the administration, it is still to manage”. This will led so that the Administration judged itself the litigations which related to it. The second movement is thus the appearance of a true legal order separated from the administration although resulting from it.

The following chronology summarizes the formation of this exorbitant right of the common right which Administrative law French as well as the installation is the , gradually, of the administrative jurisdictions.

The installation of the local government agencies and territorial

1789:

August 4th: Abolition of the territorial privileges
August 26th: Declaration of the human rights and the citizen.
December 14th: A law creates a municipality downtown each, borough, parish or community of countryside.

1790:

July 14th: The provinces abdicate their privileges and their particularisms.
16 and August 24th: A code of the reports/ratios of legal to administrative is established. The ordinary judge cannot intervene in the activity of the administration, under penalty of breach.

1792:

September 25th: Proclamation of the 1st Republic

1799:

December 15th: Constitution of year VIII and creation of the Council of State (Napoleon Bonaparte).

1800: Introduction of the Prefect by Napoleon Bonaparte.

1822:

September 14th: Schedule of the King concerning the Comptabilité and the justification of the public expenditure.

1831: Election of the municipal councils.

1833: Elections of the general advices.

1848: Election with the Universal direct suffrage which will lead to the confiscation of the capacity by Napoleon III.

1862

May 31st: Imperial decree bearing general payment on the public accounts.

1871

August 10th: Law organizing the department S.

1884

April 5th: Election with the Vote for all of the Municipal councils, which manage by their deliberations the businesses of the commune and elect the Maire.

1975

December 31st: Law restoring a Mayor at the town of Paris

1982

December 31st Relative law with the administrative organization of Paris, Marseilles, Lyon, known as Law PLM.

The creation of the administrative jurisdictions

1641

February 21st: Edict of Saint-Germain: Richelieu limit right of remonstrance of the Parliament of Paris.

1872: Independence of the administrative jurisdictions. Creation of the Court of the conflicts.

1873

February 8th: The Court of the Conflicts returns the Arrêt Blanco. The damage caused by the State must follow a specific scheme of responsibility. This one derogates then from the legal provisions commun run, it is “neither general, nor absolute (…) has its special rules which vary according to the needs for the service and the need for reconciling the rights of the State with the private laws”. According to Leon Duguit this stop is the “angular stone” of the French administrative law.

1884:

April 5th: The law constitutes the “communal charter” and defines the unit of the communal statute, where whatever its real situation, the common Frenchwoman knows a uniform legal situation. This law is always in force in 2004, except certain characteristics for Paris, Lyon, Marseilles, and the new agglomerations.

1889:

December 13rd: By decision of the Council of State (Stop Cadot), the communal agents become public agents.

1890:

March 22nd: The law creates Intercommunity associations with Single Vocation (SIVU). They will develop much starting from 1945, and will be approximately 16 000 in 1994.

1912:

July 31st: In its Stop Company of the pseudoporphyritic granites of the Vosges, the Council of State affirms that a contract concluded by the administration can be seen subjecting the “rules and conditions of the contracts occurred between private individuals”. That then makes it possible to return certain contracts been subject to the rules of the common right (private law), and to make the judge legal qualified in the event of litigation. The contracts concerned those are concluded by the administration under the same conditions as the private individuals: contracts concluded without vocation to take part in a public service, and those not comprising a clause exhorbitante of common right.

1921:

January 22nd: Appearance in jurisprudence of the concept of Industrial and Commercial Public service (SPIC), during a judgment of the Court of the Conflicts “ Business firm of the African West ” also called “ vat of Eloka ”.

1936:

November 6th: The Council of State affirms that it is inefficient as regards control of constitutionality of the laws while returning the Arrêt Arrighi. Let us note that with the advent of the V {{E}} République in 1958, this role will then expressly be allotted to the Constitutional council.

Post-war period: constitutional reforms and adhesion with the European treaties

1945: The Aramu Stop (and others) of the Council of State define the First general principle of the right (P.G.D.) and the respect of the rights of defense.

1946:

October 13rd: Adoption by Referendum of the Constitution of the 4th Republic.
October 19th: Publication of the law carrying general status of the Public office, supplemented by the ordinance of the February 4th 1959, which fixes in particular that the civil servant does not serve an employer comparable at a private company, that it is dedicated to the public service and the satisfaction of the general interest, and that it is an element of the public power in action.

1951: The Traité of Paris institutes the European Coal and Steel Community (ECSC).

1953: An Order in Council organizes the administrative courts.

1954: A stop of the Council of State (Notre Dame of Kreisker) poses the criteria from which a circular becomes lawful. In particular, if a payment is taken by an inefficient authority, that involves the cancellation of the circular.

1955:

May 20th: Creation of the mixed trade-unions by decree (they will be more than 1100 in 1994).

1957: The the Treaty of Rome institutes the European Economic community and the EEC of the Atom (EAEC), with six members: the Belgium, the Netherlands, the Luxembourg, the Italy, the France and the FRG.

1958:

June 3rd: The procedure of revision of the constitution envisaged by the constitution of 1946 is modified, de Gaulle and its government obtains the capacity to work out a new constitution.
Constitution of the 5th Republic.
Creation of the Constitutional council.

1959:

January 2nd: Relative law with the finance laws.
January 5th: Ordinances of creation of the District S.

1962:

January 14th: Birth of the Common Agricultural policy (CAP).
November 6th: Modification of the constitution by referendum on the basis of article 11 (instead of article 89), instituting the election of the President of the Republic by the universal direct suffrage.
December 29th: Bearing decree general payment on the public accounts.

1964:

Creation of a new administrative unit, the area.
the Court of justice of the European Communities question superiority of the constitution on the external standards. Stop Costa c/Enel.
July 29th: The statute of the prefect is fixed by decree.

1965:

April 8th: The Traité of Brussels envisages the fusion of ECSC, the EEC, and the EAEC.

1966:

29 and June 30th: Luxembourg compromise, maintenance of the vote unanimously.
December 31st: Law on the Urban community.

1968:

March 1st: The Council of State refuses to make prevail a treaty on a posterior law (business of the trade union of the semolina manufacturers).
July 1st: Customs union in the EEC. Completion of the process of reduction tariff inside the community and installation of the common external tariff.

1969:

April 27th: Referendum on regionalization and the Senate.

1971:

July 16th: The preamble to the constitution of 1958 is devoted by the constitutional council like having constitutional value. The texts of reference are extended to the declaration of the human rights and the citizen of 1789 and with the preamble to the constitution of 1946 (like with the basic principles recognized by the laws of the republic).
October 27th: Agreement on the economic Union and monetarist (UEM).

1972:

July 5th: The areas take the statute of public corporation.
19 and October 20th: the Sommet of Paris lays down new policies for the areas, the Environnement, the energy.

1973:

January 19th: A stop of the Council of State (electric development company of the river of Sant) issues that the contracts subjected to an exorbitant mode of the common right present the character of public service contracts.

1974:

Widening of the sasine of the constitutional council to the members of the two assemblies (60 deputies or 60 senators).
9 and December 10th: the Sommet of Paris institutes the European Council, composed of the Heads of State or government of the Member States.

1975:

Definition of the statute of Paris and the Paris region.
May 24th: The Court of appeal makes prevail a Treaty on a posterior Law (business of the company of the Jacques Vabre coffees).

1978:

January 6th: Relative law with data processing, the files and freedoms.
July 17th: Law on the relations between the administration and the public. It institutes in particular the right of access with the administrative documents for the people whom these documents concern.

1979:

January 3rd: Law founding the Total Equipment of Operation (DGF).
7 and June 10th: First election of the the European Parliament by the universal direct suffrage (will be elected every 5 years).
July 11th: Law on the motivation of the unfavourable individual administrative acts.

1980:

July 22nd: Constitutional council (validation of administrative acts): The existence and the independence of the administrative jurisdictions are guaranteed by the constitution.

The beginning of decentralization

1982

March 2nd: Law known as Removes iron, N°82-213 of March 2nd, 1982 relating to the rights and freedoms of the communes, the departments and the areas of decentralization .
July 29th: Law: Reform planning, Plan contract State-area.

1983

January 7th: Law: The use of the contractual technique is recommended to regulate the relationship between communities (conventions).
March 21st: Court of conflicts (UAP).
Un contract concluded between two public people revêt in theory, an administrative character implying the competence of the administrative jurisdictions to know the litigations relating to the failures with the obligations while rising, except in the cases or, have regard to its object, it gives birth to between the parts only of the rights reports private.
July 7th: Law: Company of Local Mixed economy (SEML)
July 13rd: Law carrying general status of the civils servant of the State and the territorial collectivities. Rights and Obligations of the civils servant.

All the civils servant are subject to common rules.

November 28th: Relative order with the improvement of the relations between the administration and managed. Formalities applicable to the administrative decision-making.

1984

January 11th: Law: Statutory provisions applicable to the civils servant of the State.
January 20th: Constitutional council: The staff management is an element of the free administration of the territorial collectivities.
January 26th: Law: Statutory provisions applicable to the territorial public function.

1985

July: Introduction of the poll proportional for the legislative elections of 1986.
December 2nd and 3rd: European Council of Luxembourg: adoption of the European single act which modifies the Treaty of Rome and envisages the realization of the single European market for 31-12-1992.

1986

January 9th: Law: Statutory provisions relating to the hospital public office.
February 17th and 28th: signature in Luxembourg of the European Single act. Widening of the sphere of competence of the Community institutions to the foreign politics, the environment and technological research.

The political co-operation between the Member States in order to harmonize their points of view as regards foreign politics is seen conferred a statute of substantive law. The existence of the European Council (permanent council of the heads of state and government) is devoted.

March: First election of the district council by the citizens, the area becomes an local government agency pursuant to the law of 02-03-1982.

1987

January 13rd: Law: Statute of the territorial civils servant, specificity, increased decentralization, prerogatives of the territorial authorities.
January 23rd: Constitutional council (council of competition): “in accordance with the French design of the Separation of the capacities, figure with the number of the PFRLR that according to which, except for the matters reserved by nature with the legal authority, in last spring the administrative jurisdiction cancellation or the reformation concerns the decisions taken, in the exercise of the prerogatives of public power, by the authorities concerning the executive power, their agents, the territorial collectivities of the Republic or the public agencies placed under their authority or their control”.
December 31st: Law carrying reform of the administrative dispute: Creation of the administrative courts of call.

1988

January 5th: Law: Creation of the trade unions to the chart which allow the communes to adhere only to certain competences exerted by the trade union.
February 11th and 13rd: Extraordinary European Council of Brussels: financial reform (package Delors I).
Referendum on the project of statute for New Caledonia.

1989

November 20th: Stop Nicolo (European elections), reversal of jurisprudence of the Council of State which agrees to make prevail a Treaty on a posterior Law.
December 8th and 9th: European Council of Strasbourg, creation of the European Bank for the rebuilding and the development (B.E.R.D.).

Adoption of the Community charter of the fundamental social rights of the workers (11 countries). 1990

Attempt fallen through of extension of the control of constitutionality (control a posteriori: citizen - Council of State - Constitutional council).
International convention on the rights of the child (New York).
September 24th: EC (Boisdet), a Community payment prevails on a French law.

1991

July 26th: Law: Access of the nationals of the European Community Member States to public employment which does not comprise the performance of duties of authority or sovereignty.

1992

February 3rd: Relative law in the conditions of exercise of the local mandates. First stones of a true statute of the town councilor.
February 6th: Law territorial Administration of Republic (ATR): The Communities of cities and communities of communes. Departmental diagram of the inter-commune co-operation. Devolution becomes the mode of common right of intervention of the State, the Central administration preserving only jurisdictions ratione materiae. It is a question of adapting the territorial organization of the administration of State to decentralization. Information and consultation of the citizens, publicity of the deliberations and the most important decrees of the local authorities. Widening of the field of the communal referendum.
February 7th: Treaty of Maastricht: European Union: Economic and monetary union, criteria of economic convergence. European civic rights, increase in Community competences, reinforcement of the politics foreign and safety communes.

“promotion on the international plan of intended measures to face the regional or planetary problems of environment”.

February 28th: EC (Rothmans/Philip Morris), superiority of the Community directives on the French laws.
July 1st: Decree: The Administration ensures, at the national level, “a role of design, animation, orientation, evaluation, and control”. All the remainder, in particular the tasks of management, concerns the external services. Principle of subsidiarity.
Referendum on the ratification of the treaty of Maastricht. Revision of the constitution to allow the vote of the nationals of the European Union the municipal elections.

1993

January 1st: Free movement of the goods (beyond the suppression of the customs duties, harmonization of the standards and the regulations), of the people, the services and the capital.
January 29th: Law Fir tree relating to the prevention of corruption and the transparency of the economic life and the public procedures. Modification of the mode of making of the contracts of public service delegation (public preselection).
November 1st: The European Economic community (E.E.C.) becomes European Union (U.E.).

1994

December 16th: EC (common of Sown in April), the Council of State reduces the field of application of the communal referendum to the businesses falling within the exclusive competence of the commune.

1995

February 4th: Law of orientation for the installation and the development of territory (LOADT): concept of country. Local referendums of popular initiative (1/5e of the registered voters).
February 8th: Law on justice: The administrative judge can draw the conclusions from his decisions by prescribing a given measurement or while forcing the administration to again decide within a certain time.

1996

February 21st: Law: Create the general Code of the territorial collectivities (CGCT) which gathers the provisions concerning all the communities and their public corporations of co-operation. (the code of the communes does not exist any more).
March 25th: Court of the conflicts (Berkani stop): All the nonstatutory, contractual agents in theory, of the public people, employed in an administrative public service have the quality of public agent (except the cases or the law has which it differently, for example, the Contracts Solidarity Employment are by law of private law).

1997

Treated of Amsterdam.
July 4th: EC (Merit) the decision by which the deliberating assembly authorizes the executive with be party to legal proceedings is insusceptible to be discussed in front of the judge the abuse of power. This decision intervenes in pure opportunity.
September 2nd: Treaty of Amsterdam: “stability pact”, increases the economic constraints and budgetary.

1998

EC (Me of Verteuil) reversal of jurisprudence: the delegation which receives the Mayor pursuant to the articles L 2132-1 and L 2122-22 of the CGCT (general delegation) validly gives him quality to act as justice in the name of the commune.
January 1st: Devolution towards the prefect of the whole of the individual administrative decisions (except some exceptions) pursuant to the decree of 15-01-97.
July 18th: Treaty: International penal court.
July 29th: Relative law with the fight against exclusions: “The tariffs of the administrative public services in optional matter can be fixed according to the level of the income of the users and the number of anybody living at the hearth. The highest rights thus fixed cannot be higher than the cost by user of the service concerned. The rates thus fixed do not make obstacle with the equal access of all the users to the service”.

1999

January 1st: The European Central bank (B.C.E.) becomes operational. She formally exerts the monetary sovereignty of the Union.
January 19th: Reform regional way of voting (mixed, term of the office 5 years).
February 24th: Stop of the Council of State (APMOA: Association of the Patients of the Medicine of Anthroposophique Orientation and Others). Exempt the executive power of the obligation to take decrees on enforcement of a law of a so contrary law to an European directive.
March 26th: (Brossault) a taxpayer is authorized to deposit a complaint with constitution of civil part in the name of the commune (Affaire of the fictional jobs of the town hall of Paris) in the case or the commune refuses or neglects to bring an legal action.
June 25th: Law of Orientation for the Installation and the Sustainable development of the Territory (Law Voynet): Amend the law of the 04-02-1995 Creation of the “countries”. Diagram of reorganization of the services of the State. Concept of community “leader” for the exercise of a competence or a group of competences concerned with several territorial collectivities.
July 8th: Constitutional law: Supplements article 3 of the constitution: “the law supports the equal access of the women and the men to the electoral mandates and elective functions”.

International penal court.

July 12th: Relative law with the reinforcement and the simplification of the inter-commune co-operation: Creation of the communities of agglomeration. Suppression of the districts, community of city, Trade union of new agglomeration.
December 3rd: Stop Council of State (AOMSL and ROCK). The 1st Minister is held to implement a procedure of modification or abrogation of a contrary law with an European directive.
December 3rd: Stop Council of State (AOMSL). The lawful capacity must intervene to implement an European directive even if it is in ignorance of French legislative measures.

2000

June 30th: Law on the administrative summary procedures, provisions mentioned again in the article L 521-1 of the code of administrative justice. Applicable to January 1st, 2001.
September: Revision of the Constitution by referendum (article 89): Reduction at 5 years of the duration of the presidential mandate (five-year period).

2003

August 1st: Organic law N° 2003-705 relating to the local referendum
August 1st: Organic law N° 2003-704 of August 1st, 2003 relating to the experimentation by the territorial collectivities
December 18th: Law bearing N° 2003-1200 decentralization as regards Minimum wages of insertion (RMI) and creating a Minimum wages of activity (RMA)

2004

July 29th: Organic law n° 2004-758 relating to the financial autonomy of the territorial collectivities
August 13rd Law known as Law Raffarin or Act II of Decentralization (Law N°2004-809 of relating to local freedoms and responsibilities)

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