Administrative law is an essential and uncodified branch of law that mainly deals with the working and application of statutory bodies.
Often people get confused about Droit Administratif when they start reading the books of administrative law. But Droit Administrative is very simple to understand. Droit Administratif is simply the French term for administrative law or we can say that the French administrative law is called Droit Administratif.
Today, in this article we will discuss about Droit Administratif in detail.
It is the French administrative law or simply a body of rules that govern the working of organization, powers and duties of the administrative bodies and also regulates the relation between the common citizens and the administrative authorities in France.
Napoleon Bonaparte was the founder of the Droit Administratif. He also established the Conseil d’Etat. Conseil d’Etat is considered as the supreme body that governs all the administrative matters.
The French jurist Waline has propounded three basic principles of Droit Administratif:
- the power of administration to act suo motu and impose directly on the subject the duty to obey its decision;
- the power of the administration to take decisions and to execute them suo motu may be exercised only within the ambit of law which protects individual liberties against administrative arbitrariness;
- the existence of a specialized administrative jurisdiction.
Characteristics of Droit Administratif
- Those matters associated with the State and administrative litigation falls within the jurisdiction of administrative courts and cannot be decided by the ordinary courts.
- The administrative court itself decides the rules while deciding matters of any administrative litigation.
- If there is any conflict of jurisdiction between ordinary courts and administrative court, it is decided by the tribunal des conflicts.
- The Droit Administratif acts as a shield that protects the government officials from the authority of the ordinary courts of the land.
- Conseil d’Etat plays the role of both a consulting and an adjudicating body in matters relating to Droit Administratif.
The above-mentioned characteristics also give a summary of the application of Droit Administratif. They give us an idea as how the French administrative system is different from the administrative systems of other countries. French administrative law includes activities more than just delegation and adjudication that affects public administration.
The French administrative doesn’t use the principle of natural justice as it believes that requirement of defending oneself is not required in the procedure of adjudication.
Rules of Droit Administratif
The judge-made rules form the Droit Administratif. In simple words, we can say that the rule Droit Administratif are not made by the French legislators or the French Parliament. The series of rules made by the judges when complied together are as follows-
- Rules dealing with administrative authorities and government officials associated with the authorities.
- Rules dealing with public service operations to fulfil the needs of the citizens.
- Rules dealing with administrative adjudication.
Droit Administratif or the administrative law forms an important part of the function of the nation as it directly governs the administrative authorities and acts as the link between such administrative bodies and the common citizens. With the changing scenario, the administrative law tries to adapt itself to the surroundings with its experimental and flexible nature thus, bringing a change in the administrative rules and processes.
Written by Yaminee Verma @LEXCLIQ