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Massot, Jean --- "The powers and duties of the French administrative law judge" [2017] ELECD 1107; in Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake (eds), "Comparative Administrative Law" (Edward Elgar Publishing, 2017) 435

Book Title: Comparative Administrative Law

Editor(s): Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784718657

Section: Chapter 26

Section Title: The powers and duties of the French administrative law judge

Author(s): Massot, Jean

Number of pages: 11

Abstract/Description:

Independence of the judges has long been guaranteed by a status of competitive recruitment and the prohibition of reassignment without consent. More recently by an ethics charter. Powers traditionally extend to annulment of all administrative acts as ultra vires. Since 2008, it extends to referring legislative acts to the constitutional court. But, doing this, administrative judges always seek to strike a proper balance between the rights of the administration in charge of the general interest and individual rights. Broad access to the administrative judge is guaranteed even without retaining a lawyer at the first level. Administrative judges may raise issues of their own motion subject to communicate them to the parties. Delays have been limited under one year at each of the three levels and emergency procedures permit very quick decisions, for instance when a vital issue is at stake.