Administrative Law

Administrative law is the body of law that governs 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 considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction.

Law of France
French law can be divided into two main categories: private law ("droit privé") and public law ("droit public"). Judicial law includes, in particular: * civil law ("droit civil"); and * criminal law ("droit pénal"). Public law includes, in particular: * administrative law ("droit administratif"); and * constitutional law ("droit constitutionnel").

Administrative law in France - Droit administratif en France
French administrative law is the most important part of French public law. It includes all the legal rules governing the administrative activities of public entities and private individuals. In France, monitoring its implementation is ensured by a set of jurisdictions that are administrative justice. Initially, it is a judge-made law, that is to say basically formed by the courts. However, with the integration of legal sources of higher value and an attempt at codification of administrative law, this character is sometimes seriously questioned at the expense of flexibility and adaptation to changing the law.

Conseil d'État
The State Council is, in France, a public institution charged with two main tasks: it is the government adviser and the highest courts of the administrative order. The French

Also. however. (The supreme judge in the judiciary is the Court of Cassation. by competition or by the turn out. on the other hand.) In its advisory. the judiciary. the advisers of the administrative courts and the administrative courts of appeal. the conflicts of jurisdiction between the two orders is decided by the Disputes Tribunal. including bills. by posting. this has bred suspiscion of undue political pressure to dismiss suits or claims against government officials charged with corruption. He served in Paris at the Palais-Royal. . except that the criminal court for minors is composed of one professional and two lay judges. etc. judges are professional. labor tribunals are staffed with an equal number of magistrates from employers' unions and employees' unions. His vice-president (who is the de facto President of the Council) is the first official of the State: as such. the basis of which is codified law. The most distinctive feature of the French judicial system is that it is divided into judicial and administrative streams. A full Court is made up of a 3-judge panel and a petty jury of 9 jurors (vs. Judicial courts The judicial stream of courts adjudicates civil and criminal cases. in fact. who. the State Council must be consulted by the Government for a number of acts. Their careers are overseen by the Judicial Council of France. The administrative courts of appeal are chaired by a Councillor of State. They are recruited through the NAS. Trial by jury is available only for severe criminal cases . takes order from the Minister of Justice. and if a conviction is handed down. intermediate appellate courts. render verdicts. also determine a sentence.judicial system knows. France has a civil law legal system. In the past. it presents the president's wishes all organs of state. In most other courts. For instance. speaking on behalf of the Public public. he is the supreme judge in certain matters (including exceptions for appeals against decisions taken by a public authority). and the French Supreme Court. Judges have security of tenure and may not be promoted (or demoted) without their consent. Judicial Branch Main article: Judiciary of France French law provides for a separate judicial branch with an independent judiciary which does not answer to or is directly controlled by the other two branches of government. public enterprises. case law plays a significant role in the determination of the courts. and the status of public prosecutors and their ties to government are frequently topics of debate. The judicial court stream consists of inferior courts. The public prosecutors. Other judges of administrative courts and administrative courts of appeal judges are part of the same body. 12 jurors on appeal). They are irremovable. Judges are government employees but are granted special statutory protection from the executive. In its adjudicative role.which are the jurisdiction of the Courts of Assizes. The same applies to land estate tribunals. the duality of orders of court (judicial and administrative). several specialty courts of original jurisdiction are sat by judges who are elected into office. together. Jurors are selected at random from eligible voters.

with judges having the parties submit written testimony or arguments. Administrative courts Courts of administrative law adjudicate on claims and suits against government offices and agencies. or codified law. or "Court of Jurisdictional Dispute". composed of an equal number of Supreme Court justices and councillors of State. but open court proceedings are adversarial. The Council of State hears cases against executive branch decisions and has the power to quash or set aside executive-issued statutory instruments such as orders and regulations when they violate constitutional law. Court proceedings mostly involve written hearings and are inquisitorial. The administrative stream is made up of administrative courts. courts of administrative appeal. enacted legislation. and the accused is constitutionally presumed innocent until proven guilty. Any jurisdictional dispute between the judicial and administrative streams are settled by a special court called Tribunal des conflits. The burden of proof in criminal proceedings is on the prosecution.Pre-trial proceedings are inquisitorial by nature. . and the Council of State as the court of last resort.