Conseil d'État
In 1799, Napoleon Bonaparte established the Council of State as a judicial body to adjudicate claims against the State and assist in drafting important laws. This new institution replaced the King's Council, which had existed since the thirteenth century under various names like Curia regis. The First Consul presided over early sessions while the Council performed many functions of a Cabinet. After the Bourbon Restoration, the Council was retained as an administrative court but without its former prominence. Its role became more precisely defined by an 1872 Act of Parliament that clarified its dual nature. Since the creation of lower courts in 1953 and 1987, it has increasingly become a supervisory court with limited appeal jurisdiction. The Council now hears appeals on questions of law from lower courts and gives advisory opinions when referenced by those same courts.
Members of the Council of State are part of a Grand Corps of the French State known as the Grand corps de l'État. Masters are recruited from among graduates of France's National Administration Academy who enter at the bottom rank called Auditeurs de deuxième class. Senior masters hold the title of Auditeurs de première class before advancing through the ranks. Councillors ordinary, masters of requests, and senior masters advance based on seniority from their preceding rank. Division heads are appointed and selected from among councillors ordinary according to Code of administrative justice article L133-2. The Vice-President is appointed by Order-in-Council on recommendation of the Minister of Justice and chosen from department heads or councillors ordinary. Other members include Department heads, Councillors ordinary, Councillors extraordinary, Masters of Requests, Master of requests extraordinary, Senior masters, and Masters. Appointees from outside the Council may include administrative law judges or individuals from outside the justice system entirely.
The Council acts both as legal adviser to the executive branch and as supreme administrative court within one of two branches of French judiciary. Certain types of statutory instruments must be examined by the Council and receive its advisory approval including all draft legislation proposed by non-parliamentary members before introduction to Parliament. Orders-in-council signed by Prime Minister and cabinet ministers outline how statutes are carried out or put into effect. These reviews though mandatory are not binding yet they examine and sign off on all Orders of Council. The Council also studies legal issues brought before Cabinet while conducting administrative court inspections. As supreme court of appeal for administrative law courts it hears claims against national-level decisions notably orders rules regulations and executive branch decisions. Its decisions remain final and unappealable despite functioning as judicial body rather than formal court.
Like nearly all French courts the Council's system operates under inquisitorial procedure where proceedings begin with statement of claim detailing factual background. The Council then begins formal investigation asking government agencies to satisfy it with detailed defense statements. Burden of proof does not lie with plaintiff since Council decides whether appellant has cause if information provided locates previously undisclosed evidence. Smaller cases without new legal issues are treated by single chambers known as sous-sections prior to 2016 reorganization. There exist ten chambers handling routine matters while bigger cases go to united chambers made up of two chambers. For important fiscal cases three or four chambers coalesce into ad hoc formation called plénière fiscale chamber. About twenty to forty cases per year reach this specific formation including president of ten chambers plus assistant-presidents reaching fifteen members total. Less than ten cases annually concern the full administrative claims assembly presided over by Vice-President of Council of State.
the 3rd of February 1989 marked a decision regarding Alitalia corporation establishing that executive branch is responsible for voiding its own unlawful rules even if initially lawful. the 27th of October 1995 produced the dwarf tossing case where mayor prohibited event on grounds against public interest because it did not respect human dignity. This ruling stopped short of including morality as part of ordre public yet included respect for human dignity within governing principles. the 3rd of March 2004 addressed asbestos case holding state responsible for not taking appropriate measures according to current scientific knowledge to safeguard workers' health. the 3rd of October 2008 ruled that Charter for Environment cited in French Constitution preamble defines rights and duties with constitutional value. the 28th of May 1954 decided government cannot exclude people from civil service positions solely based on political convictions after Communists were refused admission to National Administration Academy. These decisions shape legal interpretation despite France being civil law country without formal rule of precedent though lower courts follow jurisprudence constante doctrine.
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Common questions
When was the Conseil d'État established by Napoleon Bonaparte?
Napoleon Bonaparte established the Council of State in 1799 as a judicial body to adjudicate claims against the State and assist in drafting important laws. This institution replaced the King's Council which had existed since the thirteenth century under various names like Curia regis.
Who are the members of the Grand Corps de l'État recruited from?
Masters are recruited from among graduates of France's National Administration Academy who enter at the bottom rank called Auditeurs de deuxième class. Senior masters hold the title of Auditeurs de première class before advancing through the ranks based on seniority from their preceding rank.
What is the dual function of the Conseil d'État within the French judiciary?
The Council acts both as legal adviser to the executive branch and as supreme administrative court within one of two branches of French judiciary. It hears appeals on questions of law from lower courts and gives advisory opinions when referenced by those same courts.
Which decision on the 3rd of February 1989 established executive responsibility for voiding unlawful rules?
The 3rd of February 1989 marked a decision regarding Alitalia corporation establishing that executive branch is responsible for voiding its own unlawful rules even if initially lawful. This ruling clarified government accountability despite the civil law country without formal rule of precedent.
How does the inquisitorial procedure operate in the Conseil d'État system?
Proceedings begin with statement of claim detailing factual background followed by formal investigation asking government agencies to satisfy it with detailed defense statements. Burden of proof does not lie with plaintiff since Council decides whether appellant has cause if information provided locates previously undisclosed evidence.