Programme détaillé du colloque "Administrative justice in Europe" (Réf. GIP/02)

Yves Kreins
General Secretary of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union, President of a chamber of the Conseil d’Etat, Belgium

Yann Aguila
Member of The Conseil d'Etat, Director of the Mission of research “Law and Justice”, France

Introduction by Yves Kreins (6min 15s)

Presentation of the lecture (3min 59s)

- General presentation of the administrative trial in Europe (3min 53s)

- A wide range of national traditions (27s)

- Convergences (3min)

- In the organization of the jurisdictions (1min 54s)

- In the purpose of an administrative jurisdiction (59s)

- The future of an administrative jurisdiction in Europe (1min 34s)

- The intensification of cooperation between judges (27s)

- A future European public law? (56s)

Bernard Pacteau
Public Law Professor at the University of Montesquieu Bordeaux IV - Montesquieu, France

Introduction (39s)

- Administrative law seen through the eyes of French jurists (4min 22s)

- The French system (1min 54s)

- Foreign systems (1min 32s)

- Presentation of the contributors (1min 25s)

- Argument : who is competent to review the administrative act? (3min 10s)

- The French tradition : a strict separation of the two jurisdictions (2min)

- A wide range of systems that appears through the story of administrative jurisdictions all over Europe (49s)

Conclusion (28s)

Top The bodies who are in charge of judging the administration : General Report

Joël Andriantsimbazovina
Public Law Professor at the University of La Rochelle, France

Introduction (8min 30s)

- Acknowledgments (4min 16s)

- A wide range of systems as well as a wide range of terminologies (2min 35s)

- A "body" (36s)

- "Judging" (19s)

- The notion of "administration" (1min 2s)

- The scope of the study (1min 24s)

- The specialization of the bodies (9min 42s)

- The independence of the administrative jurisdiction (35s)

- Typology of the specialization (4min 35s)

- A classification by Professeur Fromont (1min 54s)

- A few general considerations about this classification (2min 34s)

- the various structures of the types of specialization (4min 11s)

- The two tier system (1min 19s)

- The three tier system (1min 15s)

- Geographical distribution of specialized jurisdictions (1min 17s)

- The professionalization of the bodies (4min 35s)

Conclusion (19s)

Conclusion by Bernard Pacteau (1min 50s)

Top The competence of the non-administrative judges to judge the administration : Report

Duncan Fairgrieve
Professor at the Institute for Political Studies in Paris, France

Introduction (4min 11s)

- The Comparative study for public law (2min 57s)

- Argument (1min 3s)

- The british system (5min 32s)

- The different types of the jurisdictional control of administration (3min 6s)

- The role of Constitutional Courts (1min 37s)

- The alternative modes of settling the dispute (1min 29s)

Conclusion by Bernard Pacteau (1min 36s)

Top The competence of the non-administrative judges to judge the administration : Contributor

Manuel Campos Sanchez-Bordona
Judge of the Supreme Court, Spain

Introduction (1min 31s)

- Administrative activities controlled by an administrative jurisdiction (6min 12s)

- The issue of civil and merchandising activities performed by the administration (1min 3s)

- Bodies which are quasi-jurisdictions (1min)

- Independent administrations (2min 17s)

- Activities free of control (2min 8s)

- The role of the constitutional Court (2min 24s)

Conclusion by Bernard Pacteau (32s)

Top The competence of the non-administrative judges to judge the administration : Contributor

Annemarie Ginthör
Juridic Assistant of the administrative Court, Austria

The control of the administration in Austria (16s)

- The jurisdictional frame (1min 7s)

- The Para-jurisdictional control (54s)

- The non-jurisdictional control (19s)

- Independent administrative bodies (6min 45s)

- The different types of independent administrative bodies (5min 9s)

- The independent administrative chambers (46s)

- The collegial authorities (2min)

- The dedicated companies (1min 19s)

- The reasons to create new independent administrative authorities (53s)

Conclusion (27s)

Conclusion by Bernard Pacteau (1min)

Top The status of judges

Gilles Dumont
Public Law Professor at the University of Limoges, France

Introduction by Robert Andersen (4min 18s)

- Issues (1min 31s)

- The various aspects taken into account to identify a status of the administrative judge (2min 20s)

Introduction (1min 48s)

- The similarities between the statuses all over Europe (8min 48s)

- Recruitment process and independence of judges (4min 3s)

- The competence is the only criteria for accessing to the office (38s)

- A wide range of recruiting modalities (1min 4s)

- The parallel recruiting channels (1min 33s)

- independence of exercising judges (4min 39s)

- The irrevocability of judges (41s)

- The rights and obligations of administrative judges (1min 2s)

- The judges’ career (1min 42s)

- The judges' impartiality (1min 1s)

- Birth of a typology based on mobility (10min 33s)

- The mobility of judges inside the jurisdiction (1min 6s)

- The alternate extra-jurisdictional functions (2min 3s)

- Administrative functions (1min 11s)

- Teaching, lecturing, and research functions (33s)

- The cumulated extra-jurisdictional functions (52s)

- The consultative functions (4min 25s)

Transition by Robert Andersen (39s)

Top The principle of impartiality : Report

Paul Cassia
Public Law Professor at the University of Paris I - Panthéon-Sorbonne, France

Introduction (5min 14s)

- The application of the principle by the European Court of Justice (1min 27s)

- The application of the principle in France (1min 5s)

- The different ways of approaching the theme (51s)

- The rules governing the application of the principle (1min 11s)

- Impartiality when judging (6min 44s)

- The succession of cases to judge (5min 1s)

- The opinion of the judge is revealed by the jurisdictional functions he had before (1min 12s)

- The judge sitting twice in the same position (3min 24s)

- Judging plain cases, and emergency cases (1min 24s)

- The jurisprudence on impartiality in different functions (10min 35s)

- The general frame (5min 5s)

- Knowing the opinion of the judge before the trial (1min 25s)

- Knowing the opinion of the whole jurisdiction before the trial (23s)

- The opinion of the judge depends on the links he had before with the administration he has to control (2min 42s)

- The case in which the judge has already worked for this administration (1min 1s)

- The judge who wants to work in this administration (1min 25s)

- Exception : The accumulation of the administrative and jurisdictional functions (4min 13s)

- General context: the judicial functions prevail (2min 16s)

- The conditions for the accumulation of the two functions (1min 45s)

- The advice given by the Conseil d’Etat (43s)

- Means of the judge to avoid partiality (1min 52s)

Transition by Robert Andersen (9s)

Top The principle of impartiality : Contributor

Joël Andriantsimbazovina
Public Law Professor at the University of La Rochelle, France

Statements about administrative judges impartiality (1min 10s)

- The case law of the ECHR (3min 16s)

- The birth of guiding principles all over europe (24s)

- The pragmatism of the Court about the accumulation of the functions (2min 44s)

- The consequences of the case law of the ECHR on the organization of jurisdictions (36s)

Transition by Robert Andersen (1min 5s)

Top The principle of impartiality : Contributor

Giuseppe Barbagallo
Member of the Conseil d’Etat, Italia

Top The principle of impartiality : Contributor

Michael Groepper
Judge of the Federal Administrative Court, Germany

Introduction (2min 1s)

- The contribution of the judge of the main case in preliminary decisions (2min 16s)

- When the government is party to the case (1min 44s)

- The part played by the judge of the main case during oral contributions (1min 19s)

Conclusion (1min 52s)

Transition by Robert Andersen (10s)

Top The principle of impartiality : Contributor

Bernard Stirn
President of the section du contentieux of the Conseil d'Etat, France

Question about the specificities of the french administrative judge and the principle of impartiality (2min 57s)

- Transition by Robert Andersen (16s)

- Bernard Stirn's answer (10min 36s)

- The importance of the practice (3min 14s)

- Application of the principle by the judge (6min 54s)

- the dual nature (jurisdictional and consultative) of the Conseil d'Etat (1min 25s)

- Measures which may be taken (4min 41s)

Conclusion by Robert Andersen (27s)

Top Steps of the administrative trial : General Report

Hélène Pauliat
Doyen of the Faculty of Law and Economics of Limoges, Co-director of the Mission of research “Law and Justice”, France

Presentation by John Murray (1min 45s)

Evolutions and new rules of the administrative trial in European countries (3min 42s)

- The influence of European law on the general principles of the administrative trial (11min 41s)

- Access to the administrative judge (7min 15s)

- The alternative modes of settling the dispute (1min 34s)

- The requirement to have used up all others legal remedies (1min 22s)

- Acts submitted to control and the interest in acting (3min 43s)

- The Trial under european influence (3min 4s)

- The principle of collegiality (1min 3s)

- Specificities of the process (18s)

- The relevant means (1min 12s)

- The consultation of judges (26s)

- The contentious proceeding all over Europe (4min 20s)

- Judges'methods and nature of the dispute (2min 40s)

- Judges'powers and nature of the dispute (1min 8s)

Conclusion (36s)

Transition by John Murray (20s)

Top Answers to the increasing number of request : Single judge and Screening access to the judge : Report

Willem Konijnenbelt
Member of the Conseil d'Etat, Netherlands

Introduction (5min 40s)

- The single judge (5min)

- First instance (32s)

- Appeal (3min 22s)

- Preliminary control by the administration is compulsory (2min 45s)

Transition by John Murray (28s)

Top Answers to the increasing number of request : Single judge and Screening access to the judge : Contributor

Georg Herbert
Judge of the Federal Administrative Court, Germany

Introduction (29s)

- The benefits of the preliminary recourse (1min 27s)

- The use of the single judge system (1min 37s)

- The subjective nature of the german contentious proceeding (7min 47s)

- Admissibility of the recourse (4min 29s)

- The scope of the judicial control (3min 6s)

Transition by John Murray (14s)

Top Answers to the increasing number of request : Single judge and Screening access to the judge : Contributor

Ryszard Pek
Judge of the Supreme Administrative Court, Poland

Introduction (6min 45s)

- Dissenting opinions in the polish jurisdictions (2min 18s)

- The solutions given by the law of august 30th 2002 (4min 42s)

Transition by John Murray (8s)

Top Answers to the increasing number of request : Single judge and Screening access to the judge : Contributor

Loïc Cadiet
Professor of Private Law at the University of Paris I - Panthéon-Sorbonne, France

Introduction (4min 46s)

- Development of the single judge system (2min 48s)

- Development of the alternative modes of settling the dispute (1min 35s)

- The screening access to the court of appeal (1min 58s)

Transition by John Murray (19s)

Top The effects of jurisdictional decisions

Clothilde Deffigier
Public Law Professor at the University of Limoges, France

Introduction (4min 3s)

- Taking action in a timely fashion (6min 56s)

- The right to a hearing within a reasonable time (3min 8s)

- A wide range of means chosen by the States (56s)

- Consequences of the non application of the principle (1min 42s)

- Emergency jurisdictional measures (3min 22s)

- The execution of the judicial decisions (5min 35s)

- The resjudicata (1min 21s)

- Means to guarantee the execution of the decision (3min 47s)

Conclusion (1min 12s)

Transition by Jean-Marc Sauvé (27s)

Top Remedies of the retroactive effect of jurisdictional decisions : Report

Anne Courrèges
Member of the Conseil d’Etat, France

Introduction (2min 51s)

- The theory of the de facto civil servant (1min 1s)

- The modification of the substance of the intervention of the judge by the "AC" decision (8min 32s)

- The modification of the retroactive element of the annulation (1min 49s)

- The sources of the « AC » decision (3min 8s)

- The evolution of the case law (1min 8s)

- The encouragement by the law (1min 2s)

- The comparative law studies (26s)

- The rules governing the application of the "AC" decision (3min 22s)

- The scope (29s)

- The characteristic of the modulation proceeding (43s)

- The substance of the case (2min 5s)

- The consequences of the « AC » decision (2min 34s)

- The application of the « AC » decision (42s)

- The impact on the other case of law (1min 52s)

Conclusion (2min 10s)

Transition by Jean-Marc Sauvé (1min 27s)

Top Remedies of the retroactive effect of jurisdictional decisions : Contributor

Lord Stanley Burnton
Judge of the Royal Courts, Great Britain

Introduction (1min 18s)

- The remedies given in England are the same that in the rest of Europe (32s)

- The circumstances to which remedies are applied by English Courts (1min 26s)

- The issues which are taking into account by judges to apply the remedies (9min 20s)

- Emergency jurisdictional measures (1min 24s)

- Ordinary cases (2min 48s)

- The circumstances where Courts’ remedies are not discretionary (2min 9s)

Transition by Jean-Marc Sauvé (27s)

Top Remedies of the retroactive effect of jurisdictional decisions : Contributor

Julia Laffranque
Judge of the Supreme Court, Estonie

Introduction (2min 19s)

- The scope of the resjudicata (1min 32s)

- The role of the supreme court’s decisions in the construction of the Law (2min 57s)

- The consequences of the cancellation of an act (1min 45s)

- The execution of legal decisions (2min 24s)

- The issue of a reasonable term to trial (47s)

Conclusion (57s)

Transition by Jean-Marc Sauvé (1min 12s)

Top Remedies of the retroactive effects of the jurisdictionnal decisions : Contributor

Paul Lewalle
Member of the Conseil d'Etat, Professor at the University of Liège, Belgium

Who is competent to determine the judges'function (1min 13s)

- A wide range of choices all over Europe (56s)

- The determination of the judges'function by the belgian legislative power (5min 47s)

- The Conseil d'Etat 's reluctances to apply the modulation of the decision's effects (1min 4s)

- The reasons to reject the modulation (2min 29s)

Conclusion (46s)

Conclusion by Jean-Marc Sauvé (2min 59s)

Michel Fromont
Public Law Professor at the University of Paris I - Panthéon-Sorbonne, France

Introduction (5min 29s)

- The general conceptions of the jurisdictional system that protects individuals against the administration (6min 15s)

- The role of the administrative judge within the general system of protection (5min 37s)

- From an objective conception to a subjective conception of the administrative contentious proceeding (7min 37s)

Conclusion (2min 1s)