00:00This decision concerns the distribution of powers between administrative and judicial courts.
00:05Originally, the Competition Council was an administrative body responsible for sanctioning anti-competitive business practices.
00:13These decisions could be appealed to the Council of State.
00:16The legislator wishes to transfer the jurisdiction over disputes concerning decisions of the Competition Council to the Paris Court of Appeal.
00:21belonging to the judicial system.
00:23The Constitutional Council is then consulted to verify whether this transfer complies with the Constitution.
00:28The Constitutional Council recognizes the existence of a fundamental principle recognized by the laws of the Republic, PFRLR,
00:35the general jurisdiction of the administrative judge to annul or amend decisions taken by administrative authorities in the
00:41'exercise of prerogatives of public authority.
00:44However, he specifies that the legislature may exceptionally unify litigation before a single court system, when good administration
00:51Justice justifies it.
00:53In this case, transfer to the judicial jurisdiction was a possibility.
00:58However, the law no longer allowed the judge to suspend the execution of sanctions imposed by the Council of the
01:03competition, while these sanctions could be particularly significant.
01:07The Constitutional Council considers that this deprives litigants of an essential guarantee of their rights to a defense and
01:12declares the law contrary to the Constitution.
01:16Scope of the decision: this ruling constitutionally enshrines the general jurisdiction of the administrative judge to review administrative acts.
01:23of public authority.
01:24It also allows the legislature to adjust the rules of jurisdictional competence for reasons of good administration of the
01:30justice, but subject to respecting the fundamental guarantees of those seeking justice.
01:34It is important to remember that the administrative judge is constitutionally competent to review acts of public authority, except in certain cases, particularly when the
01:43The legislator unifies litigation under a single jurisdictional order.
01:46Thank you for watching this video!
