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Conseil d'État

In France, the Conseil d'État (council of state) is an organ of the French national government. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice.

Table of contents
1 Organisation
2 Decisions of the Conseil d'État
3 External links


The Conseil d'État is headed by a vice-president. Its members are generally former graduates of the École nationale d'administration.

The Conseil is divided into 6 sections:

The litigation section (section du contentieux)

This section is the supreme court for the system of administrative justice. It hears both recourses against decrees and other executive decisions from the President of the Republic and the cabinet ministers, as well as appelate cases from lower administrative courts. Its decisions are final.

The Conseil d'État examines the conformance of regulations and administrative decisions with respect to higher decisions, the general principles of Law, statute law, the Constitution and the general constitutional principles. The general principles of Law are principles that are not found in any statute, yet derive from the spirit of the body of law; they are discovered by the Conseil and thus made into case law.

The Conseil has full latitude to judge on the legality of any decision from the executive branch, except for the very narrow category of "acts of government" where it judges itself incompetent. The Conseil itself has judged that such acts are restricted to:

See the analysis on the Conseil's site for more information (in French).

The procedure is inquisitorial: the litigant writes a letter (and generally pays a nominal fee) to the Conseil, stating precisely what happened and why he feels that the government acted illegally; the Conseil then starts an inquiry, asking the other party (generally, a government or government agency) for precisions, and so on until the Conseil has a clear picture of the case. The litigant does not have the burden of proof: the Conseil may well decide that the litigant was right and the government was wrong if the information supplied by the litigant was sufficient to enable it to find the missing proofs. Of course, both parties may supply supplemental information until the case is ready for final judgment.

In some cases, it is unclear whether a case should be heard before administrative courts or judiciary courts. In this case, the tribunal des conflits, made of equal number of members of the Conseil d'État and of judges from the Cour de Cassation and presided by the Minister of Justice is summoned

The section of the report and studies (section du rapport et des études)

It writes the annual report, conducts studies and helps in ensuring the proper execution of litigation decisions.

The other administrative sections

The finance section (section des finances), interior section (section de l'intérieur), social section (section sociale), public works section (section des travaux publics) reviews all ordinances, all statute projects drafted by the Council of Ministers as well as all decrees for which that review is compulsory (décrets en Conseil d'État). Such reviews are nonbinding, but they are cumpulsory.

The Conseil d'État may also review legal problems adressed to it by the Ministers. It is also charged with the inspection of administrative courts.

Decisions of the Conseil d'État

As it renders final judicial review over almost all acts of the executive branch, the decisions of the Conseil d'État may be of considerable importance, often not for the actual case judged, but for the implications on the interpretation of law. While France is a civil law country and there is no formal rule of stare decisis, lower courts follow the constante jurisprudence of the Conseil d'État. The major decisions of the Conseil d'État are collected into books and commented by academics; the official site of the Conseil carries a list of comments on important decisions. The interpretation of points of law forms the Conseil's doctrine.

The decisions are named after the individual(s) or body who has appealed to the Council. The name of female individuals may be preceded by Dame and the name of widows called by their husband's name Veuve.

Among the important decisions, let us cite:

See also: Politics of France, Supreme court

External links

In Switzerland, Conseil d'Etat is the name of the council heading the cantonal government of French-speaking cantonss. It's not to be confused with the Conseil des Etats (or Council of States) which is a chamber of the Swiss parliament.