Administrative Law (France)
The Administrative Law (fr. Droit administratif ) in France forms the largest part of the local public law . There is a separate administrative jurisdiction .
history
Modern administrative law was born with the French Revolution of 1789. The law of August 16 and 24, 1790, which is still valid today, established the separation of executive and judicial branches , which resulted in a separate jurisdiction for administrative disputes. In 1799 (An VIII) the Conseil d'État was established , which still functions today as the highest administrative court.
Legal sources
France has no codified administrative law. While there are numerous ordinances and laws, they are only scattered around specific issues. The Code administratif is not a systematic treatment of administrative law like the Code civil for private law, but an alphabetical collection of texts. Administrative law is therefore not a judge's law, but a so-called praetoric law (droit prétorien). Favored by the terse, almost laconic style of judgment in French case law, this often leads to a considerable degree of legal uncertainty.
literature
- Marceau Long, Prosper Weil , Guy Braibant, Pierre Delvové, Bruno Genevois (eds.): Les grands arrêts de la jurisprudence administrative . 16th edition. Dalloz -Sirey, Paris 2007, ISBN 978-2-247-07424-2 .
- René Chapus: Droit du contentieux administratif . 12th edition. Montchréstien , Paris 2006, ISBN 978-2-7076-1441-4 .
- Pierre-Laurent Frier, Jacques Petit: Précis de droit administratif . 6th edition. Montchréstien, Paris 2010, ISBN 978-2-7076-1677-7 .
- Eberhard Schmidt-Aßmann and Stéphanie Dagron : German and French administrative law in comparison of their regulatory ideas. For the cohesion, openness and mutual learning ability of legal systems . In: ZaöRV . tape 67 , 2007, p. 395-468 .
