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Encyclopedia > Conseil d'État

In The French Republic or France ( French: République française or France) is a country whose metropolitan territory is located in western Europe, and which is further made up of a collection of overseas islands and territories located in other continents. France is a democracy organised as a... France, the Conseil d'État ( The English language is a West Germanic language that originates in England. It is the third most common first language (native speakers), with around 402 million people in 2002. English has lingua franca status in many parts of the world, due to the military, economic, scientific, political and cultural influence... English: Council of State and sometimes Counsel of State) is an organ of the French national government. Its functions include assisting the executive with legal advice and being the supreme court for Administrative law is the body of law that arises from the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is a considered a branch of public law. As a body of law, administrative law deals... administrative justice. Its members are (for the most part) high level A jurist is a professional who studies, develops, applies or otherwise deals with the law. See also jurisprudence list of jurists list of lawyers lawyer solicitor barrister judge civil law notary Categories: Legal occupations ... jurists.

Contents

Organisation

Download high resolution version (2588x1324, 640 KB)Photo of the Palais Royal (Conseil dEtat) in Paris Copyright (c) 2003 David Monniaux Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.2 or any later version published...
Download high resolution version (2588x1324, 640 KB)Photo of the Palais Royal (Conseil dEtat) in Paris Copyright (c) 2003 David Monniaux Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.2 or any later version published... Enlarge
The front of the Palais Royal

The Conseil d'État is headed by a A vice president is an officer in government or business who is next in rank below a president. The name comes from the Latin vice meaning in place of. In some countries, the vice president is called the deputy president. The wife of a vice president may be known as... vice-president (it is theoretically presided by the This article is part of the series French Officials President of France Prime Minister of France Minister of Foreign Affairs Minister of the Interior Minister of the Economy, Finance and Industry Minister of Defence Minister of Justice Minister of National Education Presidents of the Senate (List) Presidents of the National... prime minister assisted by the Categories: French government | Stub ... justice minister, but all functions are actually assumed by the vice-president). Its members are generally former graduates of the École nationale d'administration. The vice-president of the Conseil is considered, for ceremonial purposes, the foremost Wikipedia does not yet have an article with this exact name. Start the Civil Servant article If you have created this page in the past few minutes and it has not yet appeared, it may not be visible due to a delay in updating the database. Please wait and check... civil servant in The French Republic or France ( French: République française or France) is a country whose metropolitan territory is located in western Europe, and which is further made up of a collection of overseas islands and territories located in other continents. France is a democracy organised as a... France.


The current vice-president is Renaud Denoix de Saint Marc (born September 24, 1938) is a French lawyer. From April 23, 1995 on, he has served as head of the French Council of State as vice-president. He was educated at Sciences Po then at the École Nationale dAdministration. He entered the Council of... Renaud Denoix de Saint Marc.


The Conseil is seated in the Gardens of the Palais-Royal: The illustration, from an 1863 guide to Paris, enlarges the apparent scale. The modern planting keeps the central lawn, fountains and clipped trees. The Palais-Royal is a palace and garden north of the Louvre in the Ier arrondissement of Paris. Opposite the north wing... Palais Royal in Paris (disambiguation). The Eiffel Tower has become the symbol of Paris throughout the world. Paris is the capital city of France, as well as the capital of the Île-de-France région, whose territory encompasses Paris and its suburbs. The city of Paris proper is also a... Paris.


The Conseil is divided into 6 sections:


The litigation section (section du contentieux)

This section is the "supreme court" for the system of administrative justice. It hears both recourses against Decree is an order that has the force of law. The word decree is often used as a derogative term for any authoritarian decision. See also rule by decree. France The word decree (décret) is used as a technical term to describe the executive decisions from the President or... decrees and other executive decisions from the President is a title held by many leaders of organizations, companies, universities, and countries. Etymologically, a president is one who presides, who sits in leadership (from Latin prae- before + sedere to sit). Originally, the term usually referred to the presiding officer of a ceremony or meeting (i.e. chairman); but... President of the Republic and the cabinet ministers, as well as appelate cases from lower administrative courts. Its decisions are final.


While the Conseil is not a court, strictly speaking, it functions much as one with respect to litigation. Plaintiffs are represented by For information on the type of fish called Lawyer, see the article on Burbot. A lawyer or attorney at law is a person licensed by the state to advise clients in legal matters and represent them in courts of law (and in other forms of dispute resolution). Most countries today... lawyers drawn from the same exclusive A bar association is a body of lawyers who, in some jurisdictions, are responsible for the regulation of the legal profession. In the law, the bar is also known as the community of persons engaged in the practice of law (members of the bar). In the United States, some state... bar as the The Cour de cassation is the main court of last resort in France. It has its seat in the Paris Hall of Justice. Belgium (Cour de cassation in French and Hof van Cassatie in Dutch), Romania ( Înalta Curte de Casaţie şi Justiţie), Senegal and... Court of Cassation.


The Conseil d'État examines the conformance of regulations and administrative decisions with respect to higher decisions, the general principles of Law, A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. It is sometimes informally referred to as black letter law. The term statute is sometimes also... statute law, the For the entry on the naval ship U.S.S. Constitution, see: USS Constitution. An organizations constitution defines its form, structure, activities, character, and fundamental rules. To view particular constitutions, refer to the list of national constitutions. The term comes from Latin constitutio, which referred to any important law... Constitution and the general constitutional principles. The general principles of Law are principles that are not found in any statute, yet derive from the spirit of the body of law; they are discovered by the Conseil and thus made into Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... case law.


The Conseil has full latitude to judge on the legality of any decision from the Articles related to Separation of powers Executive Legislature Judiciary Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. The de facto most senior figure in an executive is referred to as the head of government. The... executive branch, except for the very narrow category of "acts of government" where it judges itself incompetent. The Conseil itself has judged that such acts are restricted to:

  • relationships between the executive branch and the Articles related to Separation of powers Executive Legislature Judiciary A legislature is a governmental deliberative body with the power to adopt laws. Legislatures are known by many names, including: parliament, congress, diet and national assembly. In parliamentary systems of government, the legislature is formally supreme and appoints the executive. In... legislative branch (whether to submit a law project to parliament...)
  • acts that cannot be separated from the For political interaction among states, see foreign policy. Foreign Policy is a bimonthly American magazine founded in 1970 by Samuel P. Huntington and Warren Demian Manshel. It is published by the Carnegie Endowment for International Peace in Washington, D.C. Its topics include global politics, economics, integration and ideas. It... foreign policy of The French Republic or France ( French: République française or France) is a country whose metropolitan territory is located in western Europe, and which is further made up of a collection of overseas islands and territories located in other continents. France is a democracy organised as a... France.

See the analysis on the Conseil's site (http://www.conseil-etat.fr/ce/jurisp/index_ju_la03.shtml) for more information (in French).


The procedure is This article is about the inquisitorial system for organizing court proceedings. This is not to be confused with the system of religious courts established by the Roman Catholic Church for the prosecution of heresy. For this see: Inquisition. An inquisitorial system is a legal system where the court or a... inquisitorial: the Categories: Move to Wiktionary | Law stubs | Legal terms ... litigant writes a letter (and generally pays a nominal fee) to the Conseil, stating precisely what happened and why he feels that the government acted This article is about law in society. For other possible meanings, see law (disambiguation). Law (a loanword from Danish-Norwegian lov), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations; as well as punishments for... illegally; the Conseil then starts an inquiry, asking the other party (generally, a government or government agency) for precisions, and so on until the Conseil has a clear picture of the case. The litigant does not have the Burden of proof is the obligation to prove allegations which are presented in a legal action. More colloquially, burden of proof refers to an obligation in a particular context to defend a position against a prima facie other position. Contents // 1 Legal uses 1.1 Criminal law 1.1.1... burden of proof: the Conseil may well decide that the litigant was right and the government was wrong if the information supplied by the litigant was sufficient to enable it to find the missing proofs. Of course, both parties may supply supplemental information until the case is ready for final judgment.


In some cases, it is unclear whether a case should be heard before administrative courts or judiciary courts. In this case, the tribunal des conflits, made of equal number of members of the Conseil d'État and of judges from the The Cour de cassation is the main court of last resort in France. It has its seat in the Paris Hall of Justice. Belgium (Cour de cassation in French and Hof van Cassatie in Dutch), Romania ( Înalta Curte de Casaţie şi Justiţie), Senegal and... Cour de Cassation and presided by the Minister of Justice is summoned


The section of the report and studies (section du rapport et des études)

It writes the annual report, conducts studies and helps in ensuring the proper execution of litigation decisions.


The other administrative sections

The finance section (section des finances), interior section (section de l'intérieur), social section (section sociale), public works section (section des travaux publics) reviews all ordinances, all statute projects drafted by the Council of Ministers as well as all decrees for which that review is compulsory (décrets en Conseil d'État). Such reviews are nonbinding, but they are cumpulsory.


The Conseil d'État may also review legal problems addressed to it by the Ministers. It is also charged with the inspection of administrative courts.


History

The Conseil d'État was created under the The term Consulate can refer to: the office or the period in office of a consul a diplomatic consulate the French Consulate which governed between 1799 and 1804 a brand of menthol cigarettes Consulate This is a disambiguation page — a navigational aid which lists other pages that might otherwise... Consulate in Years: 1796 1797 1798 - 1799 - 1800 1801 1802 Decades: 1760s 1770s 1780s - 1790s - 1800s 1810s 1820s Centuries: 17th century - 18th century - 19th century 1799 in topic: Arts Architecture - Literature - Music Other topics Canada - Science Lists of leaders: Colonial governors - State leaders 1799 was a common year starting on Tuesday (see... 1799 as a judicial authority responsible for lawsuits against the State, and also charged with helping in the drafting of the most important legislation. The Originally, three equal Consuls made up the government established by Napoleon Bonaparte after the coup of 18 Brumaire (November 9, 1799), which established the Consulate in France (1799-1804). Napoleon, however, soon arose as the strongest of the three. Contents // Categories: Stub ... First Consul (later Emperor is also a Norwegian black metal band; see Emperor (band). An emperor is a monarch and sovereign ruler of an empire or any other imperial realm. Emperors are generally recognised to be above kings in honour. They may obtain their position hereditarily, or by force, such as a coup... Emperor) presided over its sessions, and the Council performed many of the functions of a Alternate meanings in cabinet (disambiguation) A Cabinet is a body of high-ranking members of government, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers or the Executive Council. In some countries, particularly those with parliamentary systems, the cabinet collectively decides the... Cabinet. After the France series Gaul Franks Valois Dynasty Bourbon Dynasty National Convention Directory Consulate First Empire House of Bourbon (restored) House of Orleans Second Republic Second Empire Third Republic Vichy France Fourth Republic Fifth Republic Following the ouster of Napoleon Bonaparte in 1814, the Allies restored the Bourbon Dynasty to the French... Bourbon Restoration, the Council was retained as an administrative court, but without its former prominence.


Its role was better defined by the law of Years: 1869 1870 1871 - 1872 - 1873 1874 1875 Decades: 1840s 1850s 1860s - 1870s - 1880s 1890s 1900s Centuries: 18th century - 19th century - 20th century 1872 in topic: Arts Architecture - Art - Literature - Music Other topics Canada - Rail transport - Science - Sport Lists of leaders: Colonial governors - State leaders Contents // 1 Events 1.1... 1872.


Decisions of the Conseil d'État

As it renders final judicial review over almost all acts of the executive branch, the decisions of the Conseil d'État may be of considerable importance, often not for the actual case judged, but for the implications on the interpretation of law. While France is a Civil law has at least three meanings. It may connote an entire legal system, or either of two different bodies of law within a legal system: a legal system the set of rules governing relations between persons (either humans or legal personalities such as corporations); here the contrast is public... civil law country and there is no formal rule of Stare decisis is a Latin term (to stand by things decided) used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. This doctrine is not held within most civil law jurisdictions as it is argued that this prinicple interferes... stare decisis, lower courts follow the constante jurisprudence of the Conseil d'État. The major decisions of the Conseil d'État are collected into books and commented by academics; the official site of the Conseil (http://www.conseil-etat.fr/) carries a list of comments on important decisions (http://www.conseil-etat.fr/ce/jurisp/index_ju_la00.shtml). The interpretation of points of Law (a loanword from Danish- Norwegian lov), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... law forms the Conseil's Doctrine, from Latin doctrina, (compare doctor), means a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system. The Greek analogy is the etymology of catechism. Often doctrine specifically connotes a corpus of religious dogma as it is... doctrine.


The decisions are named after the individual(s) or body who has appealed to the Council. The name of female individuals may be preceded by Dame and the name of widows called by their husband's name Veuve.


Among the important decisions, let us cite:

  • February 19 is the 50th day of the year in the Gregorian Calendar. There are 315 days remaining, 316 in leap years. February Su Mo Tu We Th Fr Sa   1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19... February 19, Years: 1872 1873 1874 - 1875 - 1876 1877 1878 Decades: 1840s 1850s 1860s - 1870s - 1880s 1890s 1900s Centuries: 18th century - 19th century - 20th century 1875 in topic: Arts Architecture - Art - Literature - Music Other topics Canada - Rail transport - Science - Sport Lists of leaders: Colonial governors - State leaders Contents // 1 Events 1.1... 1875 - Prince Napoléon (http://www.conseil-etat.fr/ce/jurisp/index_ju_la03.shtml)
    The fact that a decision has been taken with political considerations does not make it an "act of government" that cannot be judged upon by the Conseil (reversal of previous Doctrine, from Latin doctrina, (compare doctor), means a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system. The Greek analogy is the etymology of catechism. Often doctrine specifically connotes a corpus of religious dogma as it is... doctrine).
  • May 28 is the 148th day of the year in the Gregorian calendar (149th in leap years). There are 217 days remaining. May Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20... May 28, 1954 was a common year starting on Friday (link will take you to calendar). Contents // 1 Events 1.1 January events 1.2 February events 1.3 March events 1.4 April events 1.5 May events 1.6 June events 1.7 July events 1.8 August events 1... 1954 - Barel (http://www.conseil-etat.fr/ce/jurisp/index_ju_la35.shtml). Freedom of opinion of The French Civil Service (fonction publique) is the set of civil servants (fonctionnaires) working for the French government. Not all employees of the state and public institutions or corporations are civil servants; however, the media often incorrectly equates government employee or employee of a public corporation with fonctionnaire. For instance... civil servants.
    The administration cannot exclude people from applying for civil service positions solely on the basis of their political opinions. (Some This article is about communism as a form of society built around a gift economy, as an ideology advocating that form of society, and as a popular movement. For issues regarding the organization of the communist movement, see the Communist party article. For issues regarding one-party states ruled by... Communists were refused admittance at the École nationale d'administration).
  • October 19 is the 291st day of the year (292nd in leap years) in the Gregorian Calendar. There are 73 days remaining. October Su Mo Tu We Th Fr Sa   1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19... October 19, Years: 1959 1960 1961 - 1962 - 1963 1964 1965 Decades: 1930s 1940s 1950s - 1960s - 1970s 1980s 1990s Centuries: 19th century - 20th century - 21st century 1962 in topic: Arts Architecture - Art - Film - Literature - Music Science and technology Aviation - Rail transport - Science - Television Other topics Canada - Sport Lists of leaders: State leaders - Religious... 1962 - Canal, Robin & Godot (http://www.conseil-etat.fr/ce/jurisp/index_ju_la39.shtml)
    The Executive can mean: Executive (government), a branch of government; A functionary in a commercial or non-commercial organisation. The term logically refers to any employee, but often becomes restricted in meaning to any manager, and sometimes especially to a chief executive officer (otherwise known by the acronym CEO) or to... executive branch may take decisions by Ordinance can mean: That which is ordained or decreed by fate or a deity such as Dharma of Buddism A law made by a non-sovereign body such as a city council or a colony. In France and India, a regulation adopted by the executive in a domain normally reserved... ordinance only in the narrowly defined field authorized by the habilitation law. The executive cannot decide the creation of This article is about courts of law. For alternative meanings see: Court (disambiguation). A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. Contents // 1 Types Of Courts 2 Courtroom... courts whose procedures and absence of recourse are outside of the general principles of Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. The goal of this process is that of achieving criminal justice. According to criminal law, crimes are offences against the... criminal law.
    This decision was the source of strong tensions between the Conseil and This article is part of the series French Officials President of France Prime Minister of France Minister of Foreign Affairs Minister of the Interior Minister of the Economy, Finance and Industry Minister of Defence Minister of Justice Minister of National Education Presidents of the Senate (List) Presidents of the National... president Portrait of General Charles de Gaulle. Charles André Joseph Marie de Gaulle ( November 22, 1890 – November 9, 1970), in France commonly referred to as général de Gaulle, was a French military leader and statesman. (  pronunciation of his name?) Prior to World War II... Charles de Gaulle.
  • February 3 is the 34th day of the year in the Gregorian Calendar. There are 331 days remaining, (332 in leap years). In the Northern hemisphere, there are 88 days in winter (in a non-leap year). We are considered halfway through winter on February 3. February Su Mo Tu... February 3, 1989 is a common year starting on Sunday of the Gregorian calendar. Years: 1986 1987 1988 - 1989 - 1990 1991 1992 Decades: 1950s 1960s 1970s - 1980s - 1990s 2000s 2010s Centuries: 19th century - 20th century - 21st century 1989 in topic: Arts Architecture - Art - Film - Literature - Music - Television Science and technology Aviation - Rail... 1989 - Alitalia corporation (http://www.conseil-etat.fr/ce/jurisp/index_ju_la43.shtml)
    The Executive can mean: Executive (government), a branch of government; A functionary in a commercial or non-commercial organisation. The term logically refers to any employee, but often becomes restricted in meaning to any manager, and sometimes especially to a chief executive officer (otherwise known by the acronym CEO) or to... executive branch has the duty to cancel illegal regulations, even if they were initially legal. Regulations must conform to The European Union or EU is an intergovernmental organisation of European countries, which currently has 25 member states. The Union was established under that name by the Treaty on European Union (commonly known as the Maastricht Treaty) in 1992. However, many aspects of the EU existed before that date through... European Union directives whose In music, transposition is moving a note or collection of notes up or down in pitch by a constant interval. In mathematics, a transposition is a permutation which exchanges two elements and keeps all others fixed. For example (1 3) is a transposition which exchange 1 and 3. A... transposition period has expired.
  • October 27 is the 300th day of the year (301st in leap years) in the Gregorian Calendar, with 65 days remaining. October Su Mo Tu We Th Fr Sa   1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20... October 27, 1995 was a common year starting on Sunday of the Gregorian calendar. It was the first year of the International Decade of the Worlds Indigenous People (1995- 2005): http://www.unesco.org/culture/indigenous/ Years: 1992 1993 1994 - 1995 - 1996 1997 1998 Decades: 1960s 1970s 1980s - 1990s - 2000s 2010s... 1995 - Commune of Morsang-sur-Orge (http://www.conseil-etat.fr/ce/jurisp/index_ju_la47.shtml), the " Lenny the Giant, Roy Cuddles Merrin and Danny Blue from The Oddballs Dwarf tossing, which originated in Australia or in the United States in the 1980s, is an attraction (some consider it a sport) in bars, where dwarfs wearing special padded clothing are thrown onto mattresses by competitors. References to... dwarf throwing case".
    The respect of human dignity may be included in "public order". (A mayor had prohibited a dwarf throwing attraction on grounds of public order, since this attraction did not respect human dignity.)
    This decision nevertheless stops short of including Morality is a complex of principles based on cultural, religious, and philosophical concepts and beliefs, by which an individual determines whether his or her actions are right or wrong. These concepts and beliefs are often generalized and codified by a culture or group, and thus serve to regulate the behaviour... morality in public order.
  • March 3 is the 62nd day of the year in the Gregorian Calendar (63rd in leap years). There are 303 days remaining. March Su Mo Tu We Th Fr Sa   1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19... March 3, 2004 is a leap year starting on Thursday of the Gregorian calendar. It was designated the: International Year of Rice (by the United Nations) International Year to Commemorate the Struggle against Slavery and its Abolition (by UNESCO) Elections were held in 73 countries during 2004. See a list of elections... 2004 - The asbestos case (http://www.conseil-etat.fr/ce/actual/index_ac_lc0405.shtml).
    The State may be held responsible for not taking appropriate measures, according to the current scientific knowledge, for protecting the workers' health (against asbestos), even if the workers work for private employers.

See also: This article discusses political groups and tendencies in France; for information on the political and administrative structures of France, see Government of France. Politics of France Politics of France Government of France Political parties in France Elections in France: President: 2002 Contents // 1 French politics under the Fifth Republic 2... Politics of France, The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. In the United States, for example, there is a federal Supreme Court as well as supreme courts within most of the... Supreme court


See also

External links

  • Official website (http://www.conseil-etat.fr/)
  • Important decisions of the Conseil d'État (http://www.conseil-etat.fr/ce/jurisp/index_ju_la00.shtml)
  • English translations of some decisions (http://www.ucl.ac.uk/laws/global_law/french-cases/index.shtml?contents#etat)

 
 

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