00:051. The separation of administrative and judicial authorities.
00:09French administrative justice has gradually developed around a distinction between administrative authorities and judicial authorities.
00:16The law of August 16 and 24, 1790, establishes the principle that judicial courts cannot intervene
00:23in the operations of administrative authorities.
00:25The decree of 16 Fructidor, Year 3, confirmed this prohibition. The historical objective was to prevent the judicial judge from
00:32disrupt the administration's actions.
00:34However, this separation did not mean that the administration could act without oversight. It was therefore necessary to build a jurisdiction capable of
00:41to control its activity.
00:432. The law of May 24, 1872, delegated justice.
00:47The law of May 24, 1872 constitutes an essential step in the history of administrative justice.
00:53It recognizes the Council of State's power to render judicial decisions in the name of the French people.
00:59Before this reform, the Council of State mainly prepared draft decisions that were formally adopted by the head
01:05of the State.
01:05At the time, people spoke of retained justice. With delegated justice, the Council of State becomes a true court that renders
01:12She makes her own decisions.
01:13This development significantly strengthens its independence.
01:173. The gift ruling, the end of the minister as judge.
01:19The gift decree of December 13, 1889 marks a new stage.
01:24Prior to this decision, citizens generally had to appeal to their minister to contest an administrative decision.
01:30The minister was then exercising a jurisdictional function within the framework of the minister-judge theory.
01:35In the gift case, the Council of State abandoned this theory and recognized its jurisdiction to hear the dispute directly.
01:41administrative.
01:43This means that the Council of State becomes the ordinary court for administrative disputes.
01:47Citizens can now directly petition an administrative court without having to go through their minister first.
01:554. The constitutional independence of the administrative judge.
01:59The independence of the administrative courts is being progressively protected at the constitutional level.
02:03In its Constitutional Council decision of July 22, 1980, validating the law, the Constitutional Council recognized the independence of the
02:11administrative jurisdiction as a fundamental principle recognized by the laws of the Republic, PFRLR.
02:17This means that the legislature cannot freely intervene in the functioning of administrative justice nor can it overturn
02:23because of its independence.
02:24This protection is complemented by the Competition Council decision of January 23, 1987.
02:30The Constitutional Council recognizes another fundamental principle recognized by the laws of the Republic (PFRLR), a core set of powers reserved for the administrative judge.
02:36In principle, the administrative judge has jurisdiction to annul or amend decisions taken by executive authorities and local authorities.
02:44territorial authorities and public bodies when they implement prerogatives of public power.
02:48However, there are exceptions, particularly when the law transfers certain disputes to the judicial courts to ensure proper administration.
02:55of justice.
02:575. The canal stop, Robin and Godot.
03:00Control of the administration in times of crisis.
03:03The Canal, Robin and Godot ruling of October 19, 1962 illustrates the independence of the Council of State from the government
03:09policy.
03:10Following the events of the Algerian War, an ordinance created a special military jurisdiction whose
03:16decisions cannot be appealed.
03:18The Council of State agrees to review this order and annuls it due to its disregard for general principles.
03:23of the law, in particular the rights of the defense.
03:26This decision demonstrates that even in a politically sensitive situation, public authorities must respect legal rules.
03:33The key takeaway is that administrative justice has gradually become a truly independent justice system.
03:38The 1872 law, Cadeau, and the constitutional decisions of 1980 and 1987 are the essential references to explain this
03:47evolution.
03:47The law of the law of the law of the law of 1872, Gift and the constitutional decisions of the
03:47law of 1874, Medicated, Gift and the law of 1972, Gift.
