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1 results

  • 6 - Judicial Review of Administrative Action

  • John Bell, University of Cambridge, François Lichère, Université Lyon III
  • Book:
    Contemporary French Administrative Law
    Published online:
    24 February 2022
    Print publication:
    03 March 2022, pp 154-177
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  • Summary

    This chapter describes the distinctive character of the French procedure of judicial review. There can only be review of actual decisions, unlike the use of declaratory judgments in English law. Review is possible of circulars, guidelines and other soft law if they have normative effect. Particularly under the influence of the European Convention, the scope of judicial review has been expanded to many internal measures and the exemption for actes de gouvernement has been reduced. Nullity is a major remedy and, in line with European practice, it has become possible for this to take prospective effect. The ability to issue injunctions against the government is a major development in the past twenty years. The chapter also covers practical matters such as time limits, costs and penalties.