Conference paper
https://doi.org/10.31141/zrpfs.2026.63.159.51
The Conseil d’État’s Review of the Administration’s Application of European Union Law
Liza Bellulo
; Maître des requêtes au Conseil d’État
Abstract
The Conseil d’État recognises itself as the “ordinary court for the application of Union law”,
whose legal order is “integrated” into the national legal order. Indeed, the legal order of the Union
does not, by itself, possess any power of execution. This rests entirely on that of the Member States,
as recalled by Article 291(1) TFEU, according to which “Member States shall adopt all measures of
national law necessary to implement legally binding Union acts”. The Conseil d’État, as the foremost
guardian of the control over the administration’s application of European Union law, performs a
function that is distinct from, and complementary to, that of the European Commission, in order to
guarantee the effectiveness of the ability of natural and legal persons to invoke the rights they derive
from the European Union legal order (I). Endowed with powers of injunction under domestic law, it
implements them - through the operation of the principle of equivalence - by identifying obligations
to act or to refrain from acting incumbent on the administration for the proper application of Union
law (II). It is sometimes led to reconcile the administration’s obligations in this regard with other
constitutional guarantees, the observance of which also falls to it (III).
Keywords
Conseil d’État; European Union law; control of the administration; power of injunction; principle of equivalence
Hrčak ID:
347920
URI
Publication date:
31.3.2026.
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