Un aspect méconnu de la gestion administrative : la régularisation des procédures et décisions illégales
An Underestimated Aspect of Administrative Management : the Regularisation of Illegal Administrative Acts and Procedures What should be done about illegal administrative acts which seem basically justified or that can be corrected or regularised ? For the French administrative judge, the traditi...
Salvato in:
| Autore principale: | |
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| Natura: | Article ou chapitre numérique |
| Lingua: | Français |
| Pubblicazione: |
2004
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| Accesso online: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Riassunto: | An Underestimated Aspect of Administrative Management : the Regularisation of
Illegal Administrative Acts and Procedures
What should be done about illegal administrative acts which seem basically justified
or that can be corrected or regularised ? For the French administrative judge, the
traditional response to this question is to state the illegality and invalidate the irregular
act. There exist however, a number of correctives — diverse hypotheses under which
certain flaws will not be taken into account. In addition, these hypotheses have been
broadened by recent and widely remarked rulings of jurisprudence. A complement to
annulment thus seems necessary in the context of a more and more complex and
demanding administrative law : it would entail an efficient procedure making it possible
to “mend” an act with valid content but which is partially defective. |
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