Original scientific paper
https://doi.org/10.31141/zrpfs.2017.54.123.001
Administrative judge: guarantor of freedom
Jean Massot
Abstract
Introduction; Individual and civil freedoms; Individual freedom and the right to not being succumbed to self-willed closure; control of general acts. I the administrative judge for a long time has protected individual freedoms; I.1 In normal times; Freedom of Movement: passports, rights of foreigners, coerced psychiatric treatment; Freedom to enter Marriage, family life and free carrying out of profession; House of Taxation Search I.2 In times of crisis; First World War and the theory of state of emergency; Decolonisation, Terrorism: State of Emergency, Administrative jail and searches; II The administrative judge has developed new tools for confronting new challenges; II.1 New challenges; Human Dignity, Morsang sur Orge, Milhaud and Lambert court decisions; Health and Bioethics, Perruche judgement; Computers and Freedoms, Moon judgement; II.2 New tools; More frequent application of the court practice of the European Court for the protection of human rights; Reducing the area of internal measures (unilateral administrative act) ; Urgent procedure for bringing in measures for the protection of freedom; Priority issue of constitutionality, state of emergency; Conclusion: complementariness, and not competiveness between the general supervisory court and administrative courts.
Keywords
France; administrative law; administrative judge; freedom; guarantor of liberties
Hrčak ID:
175792
URI
Publication date:
23.2.2017.
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