Talk:Conseil d'État

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"and generally pays a nominal fee"

If you mean the "timbre fiscal" of 100F, it has been suppressed by the "Ordonnance n° 2003-1235 du 22 décembre 2003 relative à des mesures de simplification en matière fiscale et supprimant le droit de timbre devant les juridictions administratives". Apokrif 17:06, 17 Mar 2005 (UTC)

That's the problem these days, as pointed out by Pierre Mazeaud: rules of procedure change too fast! :-) :-) :-) David.Monniaux 06:59, 18 Mar 2005 (UTC)

http://en.wikipedia.org/w/index.php?title=Conseil_d%27%C9tat&curid=317674&diff=0&oldid=0 :

"While the Conseil is not a court, strictly speaking, its litigation section functions much as one"

The "court" (what is the English translation of French "juridiction" in this context?) is not the Section du contentieux, but the Conseil as a whole. Moreover, the phrase "section du contentieux" is ambiguous: it refers to a functional divison of the CE (from which are drawn most of - but not all - the members of panels which hear the cases); it also refers to one of the formations (English translation ?) which hear cases. Apokrif 17:15, 17 Mar 2005 (UTC)

Right. For instance, the assemblée du contentieux contains members from the other sections. David.Monniaux 06:58, 18 Mar 2005 (UTC)

"Th(e litigation section)(or, in some cases, a wider assembly of the Conseil, including members of other sections) is the "supreme court" for the system of administrative justice."

See discussion above. Moreover, most cases are not heard by the "section du contentieux", but by its subsections.Apokrif 20:55, 22 September 2005 (UTC)

[edit] ENA

"members are generally former graduates of the [[École nationale d'administration]"

Can one say "graduates" about a school which generally does not issues degrees? Moreover, I think "former graduates", unlike "former students", is redundant (once you've got a degree, you're a graduate forever) Apokrif 21:06, 22 September 2005 (UTC)

[edit] Constitution

Very important (a mistake many students in law make in France): the Conseil d'Etat cannot examine the conformance of administrative acts with the respect of the constitution. If a law is unconstitutionnal, and that a decree is based on it, the Conseil cannot nullify it.

That's right ("loi-écran"), but if there is no such law, then the Council can cancel the act. 193.55.98.192 18:31, 8 December 2005 (UTC)

Till the 1970s, he couldn't do it also for treaties and international conventions. But he changed its mind. One of the goal of this change is to examine the conformance with fundamental rights, without "using" the constitution. Many conventions nowaday are about fundamental rights who are included in constitution ; European Convention of Human Rights, and so on.

[edit] So what are Décrets en Conseil d'Etat) exactly?

CODE PENAL (Partie Réglementaire - Décrets en Conseil d'Etat) <- is this working law or some proposal or what?--84.30.97.7 17:39, 21 June 2006 (UTC)

It is a decree that the government can take only after having taken advice from the Conseil d'Etat. Apokrif 14:46, 25 June 2006 (UTC)