00:001. The distinction between administrative law and private law.
00:03Administrative law is a branch of public law that governs the organization and activity of the administration.
00:08It governs, in particular, the relations between government agencies and citizens.
00:12the functioning of public services, administrative decisions and the responsibility of public entities.
00:18Unlike private law, which primarily governs relations between private individuals,
00:22Administrative law is based on specific rules.
00:25Indeed, the administration pursues a mission of general interest and sometimes has specific powers known as prerogatives of authority.
00:33public.
00:33In particular, it can make decisions that are binding on citizens without needing their consent.
00:39This peculiarity explains why the administration cannot always be subject to the same rules as a private individual.
00:45When acting within the scope of its administrative duties,
00:47It may be subject to a specific legal regime controlled by the administrative judge.
00:522. The Blanco ruling, the birth of the autonomy of administrative law
00:56The Blanco ruling of the Court of Conflicts of February 8, 1873, constitutes a fundamental decision in the construction of law
01:03administrative.
01:04In this case, a child is injured by a wagon belonging to a state-run tobacco factory.
01:10His father is seeking redress before the judicial judge, invoking the rules of the Civil Code.
01:14The Court of Conflicts considers that the State's liability cannot be automatically subjected to the rules of
01:20Civil Code.
01:21He believes that this responsibility is governed by specific rules, adapted to the needs of the public service.
01:27The decision therefore establishes two fundamental principles.
01:30Firstly, administrative liability has autonomous rules in relation to civil law.
01:36Secondly, the administrative judge has jurisdiction to hear this type of dispute.
01:40The implications of this ruling are considerable.
01:42It marks the recognition of the autonomy of administrative law and contributes to the construction of the French dual court system.
01:48that is to say, the existence of two orders of jurisdiction, judicial and administrative.
01:543. Public service as the foundation of administrative law
01:57The Terrier ruling of February 6, 1903, helps to understand the importance of public service in determining the law
02:03applicable.
02:03In this case, a department had promised a reward for each viper destroyed.
02:08An individual who participated in this activity is requesting payment of the promised reward.
02:13The Council of State considers that the destruction of harmful animals constitutes a public service mission.
02:19The dispute therefore falls under administrative jurisdiction.
02:21This decision shows that the judge does not only look at the identity of the people involved.
02:26He is also interested in the nature of the activity carried out.
02:29When a public authority organizes a mission of general interest, this activity may fall under administrative law.
02:35Public service thus becomes an essential criterion for determining the jurisdiction of the administrative judge and the application of the rules
02:42administrative.
02:434. The limitations of the public service criterion
02:46The LOCA BAC stop
02:47The ruling concerning the West African Commercial Company, known as BAC des LOCA, dated January 22, 1921, introduced a limit
02:54important to this design.
02:55In this case, a colony operated a ferry allowing the transport of people and goods.
03:01Following an accident, a company is seeking compensation for the damage sustained by its vehicle.
03:05The Court of Conflicts considers that the colony operates the BAC under conditions similar to those of a company
03:11private.
03:12The dispute therefore falls under the jurisdiction of the judicial courts and private law.
03:15This decision introduces the distinction between two categories of public services: administrative public services (SPA) and public services.
03:22industrial and commercial, SPIC.
03:24A public administrative service (SPA) operates primarily according to public law rules, while a public industrial and commercial service (SPIC) operates in a manner similar to that of a public administrative service (SPIC).
03:30of a private company and frequently falls under private law.
03:33It is therefore important to understand that a public service does not automatically entail the application of administrative law.
03:395. Can private individuals manage a public service?
03:42The primary request, aid and protection, of May 13, 1938, brings a new development.
03:48The Council of State acknowledges that a private individual can be entrusted with a public service mission.
03:52This means that the administration is not necessarily the only entity capable of fulfilling a mission of general interest.
03:58However, not all decisions made by a private individual automatically become administrative acts.
04:04It is necessary to examine whether this person has prerogatives of public authority in the exercise of his mission.
04:10This case law shows that the organic criterion based on the public or private identity of the author is not sufficient.
04:16to determine the administrative nature of an activity or decision.
04:19The key takeaway is that the concepts of "blanco," "terriers," "bacs des locaux," and "caisses primaires" help to understand the fundamentals.
04:25of administrative law.
04:27Legal autonomy, public service, distinction between SPAS and PIC and the possibility for private individuals to manage a public service.
04:33Subtitling by Radio-Canada
