Review article
Judgement powers in administration activity and in Administration Court supervision
Daniel Giltard
Abstract
In France, as in many European countries, there is a distinction between related authority and discretion of administration powers which affords more or less wide powers of evaluation of facts. The judge can, or rather, cannot supervise that evaluation of facts and module the breadth of its supervision. A century ago, the French administration court included factual questions on its supervision and legality in such a way that it controlled the legal qualification of facts which motivated a certain judgement. That supervision of motives remains important, but over time, it is complemented with control of its adaptation, appropriacy of significance, and proportionality with the factual reality.
Keywords
administrative judge; authority of diseretion; evaluation of facts
Hrčak ID:
138122
URI
Publication date:
21.4.2015.
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