The doctrine of judical review in French administrative law and EU administrative law : a comparative study

Abstract

This dissertation explores the area of administrative law in the French droit administratif and EU Administrative law. The focal point of this study is the doctrine of judicial review of administrative decisions and measures adopted by the French administration, and of measures adopted by the EU institutions, mainly the Commission, Parliament and the Council. It explores the manner in which the two Courts namely the Conseil d'Etat and the Court of Justice of the European Union, apply the doctrine of judicial review in their respective legal systems. The choice of comparing the two systems is not incidental. It is widely held by various authors and scholars that the establishment and the setting up of the Court of Justice of the European Union, including its early judicial style and procedure, were greatly influenced by the French legal system. In view of this, the first chapter of the dissertation has been dedicated to briefly explain the historical background leading to the setting up of the two Courts respectively. Chapter two and three discuss the grounds of review of administrative action and the requisites which must be satisfied so that a judicial review action may be admissible before the respective Courts. Finally, the last and concluding chapter is dedicated to discussing the common elements in the two administrative legal systems, with special reference to the degrees of control which the respective Judge exercises over the administrative measure complained of, as well as identifying elements which are no longer similar or which have evolved differently. This is followed by concluding remarks.