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Droitt Administratiff

The principle of droit administratiff is a fundamental concept in French administrative law that governs the relationship between the government and citizens, emphasizing protecting individual rights from government overreach. Napoleon Bonaparte established the Conseil d’Etat and administrative courts to handle government disputes separately from civil courts. There are parallel administrative tribunals in India that handle tax, company, and other government-related cases in addition to administrative tribunals. Key aspects of droit administratiff include administrative matters being decided by specialized courts, those courts developing their own rules, and the Tribunal des Conflicts resolving jurisdiction disputes between administrative and regular courts.

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42 views2 pages

Droitt Administratiff

The principle of droit administratiff is a fundamental concept in French administrative law that governs the relationship between the government and citizens, emphasizing protecting individual rights from government overreach. Napoleon Bonaparte established the Conseil d’Etat and administrative courts to handle government disputes separately from civil courts. There are parallel administrative tribunals in India that handle tax, company, and other government-related cases in addition to administrative tribunals. Key aspects of droit administratiff include administrative matters being decided by specialized courts, those courts developing their own rules, and the Tribunal des Conflicts resolving jurisdiction disputes between administrative and regular courts.

Uploaded by

devanshisanghavi1104
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DROIT ADMINISTRATIFF

The principle of droit administratiff is a fundamental concept in


French administrative law that governs the relationship between
the government and its citizens. This principle emphasizes the
importance of protecting individual rights and interests from
abuses of power by government authorities.
Napoleon Bonaparte was the founder of the Droit administrative.
It was he who established the Conseil d’Etat. He passed an
ordinance depriving the law courts of their jurisdiction on
administrative matters and another ordinance that such matters
could be determined only by the Conseil d’Etat.
In France, there was a parallel system of administrative courts
known as the Droit Administratif. This method was designed to
reduce the burden of administrative disputes on civil courts while
establishing distinct criteria for administrative issues. The
resolution of administrative conflicts in India has been a topic of
significant discussion among the judges. There are parallel
courts in India that serve as tribunals for a variety of cases,
including company disputes, tax concerns, railway claims, debt
recovery claims, and army conflicts, in addition to the
administrative tribunals.
Droit Administratif, what can be inferred are some of the
characteristic features that this administrative law possesses.
They are listed below :

1. The matters that are associated with the State and


administration oriented litigation are to be decided by
the administrative courts and not by the ordinary courts
of the land.
2. While deciding matters concerning litigation as
mentioned above, the rules that are applied in the same
are developed from the courts itself.
3. The deciding agency in matters of jurisdiction conflicts
between the two courts, namely the administrative and
ordinary, is known as Tribunal des Conflicts.
4. The Droit Administratif acts as a safeguard for the
government officials from the authority of the ordinary
courts.
5. The development of Conseil d’Etat is not a one day plan
but the product of a long going process surrounding the
French Revolution. It played the role of both a
consulting and an adjudicating body.

Composition and working of Conseil d’Etat :


A group of individuals known as the Conseil d'Etat adjudicates
claims brought by subjects against the government while also
serving as its confidential counsellors. In the second scenario,
they take on the role of impartial judges and, if necessary,
denounce the presidential action. The Conseil d'Etat is a useful
organisation in France as a result of this contradiction. The
Tribunal in Conflict resolves disputes over jurisdiction that arise
between ordinary courts and administrative courts. This special
tribunal has an equal number of administrative and regular
judges. The minister of justice oversees it. The Conseil d'Etat's
primary responsibilities have always been planning and
providing advice. It plans and provides advice for executive
business. The Conseil d'Etat is in charge of resolving any
administrative issues that arise.

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