Droit Administratif

Dr. Jaswinder Kaur

Assistant Professor
RGNUL
 The French System: Droit Administratif

Definitions:

1. Droit administratif is a body of rules which regulates the relations of the

administration of the administrative authorities towards private citizens.

2. According to Prof. A.V. Dicey, droit administratif is that portion of french

law which determines:

(a) The position and liabilities of all state officials;

(b) The civil rights and liabilities of private individuals in their dealings with
officials as representatives of the states and

(c) The procedure by which these rights and liabilities are enforced.
 Origin of Droit Adminstratif

• The Modern Administrative Law of France has grown up in its

existing form during the 19th century.

• It is the outcome of more than a hundred years of revolutionary and

constitutional conflict.

• It owes its origin to the consular constitution of the year VIII (1800)
created by Legendary French military leader Napoleon Bonaparte. He
for the first time established ‘Conseil d’etat which means the council
of state.

• Then it continued to be regularly developed during the change from

the Empire to a Republic by the German envision and the Civil War of
1860-1908.
 Characteristics of French Administrative Law

1. The relation of the government and its officials towards private

citizens must be regulated by a body of rules, which are in reality
laws, but may differ considerably from the laws, which govern the
relation of one private person to another. (Difference between
public law and private law)

2. The ordinary judicial tribunal have no concern with matter at issue

between a private person and the state, i.e. with question of
administrative law, but such questions must be determined by
administrative courts. (Separate Administrative courts)

3. It does not represents principles and rules laid down by the

parliament. It includes three series of rules:
(1)Rules dealing with administrative authorities and officials. These
relate to appointment, dismissal, status, salary and duties etc.
(2)
Rules dealing with the operation of public services to meet the
needs of citizens.
(3)
Rules dealing with administrative adjudications.
4. As regard the jurisdiction, if any person has a case at first
instance, he will be referred to the Tribunal Das Conflicts. The
tribunal will decide whether the case should go to the ordinary
court or the administrative tribunal. If it is administrative dispute,
then it will be adjudicated by the administrative tribunals.
5. If a person is not satisfied with the decision given by the
administrative tribunal, he can appeal to the Conseil D’ Etat.

6. If upon trial the administrative body is found to have acted ultra vires
then the tribunal may nullify their actions.

7. All the decision arrived by the administrative tribunal may subject to

review by the Conseil on points of law. It can interfere with
administrative orders on the ground of error of law, lack of jurisdiction,
irregularity of procedure and misapplication of power etc.
 Hierarchy of Administrative Courts in French
System

Tribunal des conflicts

Judicial Court/ Ordinary Court Administrative Court

Court de cassation (Supreme court
of appeal)
Counseil d’Etat (Highest Court)
Cour administrative d’ appeal
( Intermediate administrative
appellate Court
Tribunal administratiff ( First
instance administrative court)
 Counseil d’Etat

1. Conseil d’Etat was constituted and revived by Napoleon which was the centre
of his whole government fabric.

2. It was established in 1799 with the object to resolve difficulties might occur in
the course of the administration.

3. It consists of most eminent administrators or civil servants.

4. Earlier the functions of the Conseil was advisory in nature and was not an
independent court.

5. At present, in all matters involving administration, the jurisdiction of the

conseil is final. All matters involving, administration are decided by the
administrative courts headed by the conseil, according to the rules developed
by themselves. The Conseil is, at present, not only adjudicatory but also
consultative body.
5. It deals with variety of matters like claim of damages for wrongful
acts of government servants, income tax, pensions, disputed
elections, personal claims of citizens against the state for wrongful
dismissal or suspension etc.