Administrative act (France)
The administrative ( French acte administratif unilatéral ) referred to administrative law , the most important form of unilateral administrative action in France.
Concept and delimitation
The administration meets on the basis of sovereign rights, d. H. in a superior and subordinate relationship, an order that is binding on the person concerned and does not require his cooperation or even his consent. An important difference to German law, for example, is that the administrative act, in contrast to the acte administratif, not only includes regulations in individual cases, but also ordinances. The consequence is that judicial review by means of recours pour excès de pouvoir is also possible against ordinances .
The administrative act is not defined by law, but a product of case law. Accordingly, its conception is primarily procedural. The administrative act must be distinguished from two other forms of administrative action: on the one hand, government acts (actes de gouvernement), on the other hand, against administrative statements without executive character. Neither of them are therefore subject to the recours pour excès de pouvoir .
Report (repeal)
In the case of the repeal (rapport) of an administrative act, the case law differentiates according to whether the repeal should only work for the future ( ex nunc ) or also for the past ( ex tunc ). The former case is called abrogation, the latter is called retrait . Abrogation is generally considered to be possible without any problems, even if the administrative act is favorable. In the case of retrait , however, it should be noted that it is not possible for lawful beneficial administrative acts . Unlawfully beneficial administrative acts can only be withdrawn ex tunc as long as the two-month period for legal action has not yet expired. This is based on the trust of the citizen in the well-earned rights, the droits acquis . The only exception is if the administrative act was fraudulently fraudulently obtained (CE of June 17, 1955) or is so flawed that it is considered inexistent (CE of February 3, 1956).
