Administrative act

The administrative act is a legal Document makes within the framework of the administration and an aim of General interest.

Concept of administrative act

Formal concept

According to the formal design, the administrative act is that which emanates from an administrative body. Thus, a contract concluded between a public authority and an individual are not an administrative act.

This concept forces to define the administrative body in particular compared to the legislative bodies and jurisdictional. It also forces to distinguish it from the private bodies.

Material concept

Materially, the administrative act can be a individual Acte or a lawful Acte. The distinction is not done on the number of recipients but on the personal designation or not of those.

There exists also a mixed category of acts, called " nonlawful acts not creators of droits" or " decisions of espèce" by the Council of French State, which indicates the whole of the acts delimiting a perimeter in which has vocation to apply a special legal mode (territorial district, Déclaration of public utility, for example).

The concept positivist

The design positivist does nothing but note which acts are controls by the administrative judge.

Motivation of the administrative acts

In Belgium, the law of the July 29th 1991 concerning the formal motivation of the administrative acts deeply modified the practice of the administrative authorities and relates to the whole of the Public services.

In France, the law of the July 11th 1979, which falls under a set of measures of improvement of the relations of the users with the Administration, endeavoured to find a balance between the research of the transparency and the risk of an increased formalism. Five years the drawn up assessment of application of the law stresses that the relative tendencies with the contents and the form of the motivation pose few difficulties. The clearness of the law, the contribution of administrative jurisprudence and the assimilation by the administrations of this technique made it possible to ensure, when it is required, a motivation of quality. If a recasting of the law is thus excluded, its actualization appears necessary, (See also the site of the Council of State).

The principle of legality

The administrative act must be in conformity with a whole of legal provisions called which form administrative legality. It is based on very diverse and hierarchical sources.

It is implemented by various mechanisms and is sanctioned by the administrative and legal judges. It comprises limits, in particular by the discrétionnaire maintenance on the one hand of Pouvoir, by the exceptional Circumstances and the acts of government.

Unilateral administrative acts

It is the note which the administration takes and creating of the rights and the obligations with regard to managed.

See unilateral Administrative act

Public service contracts

It is a certain type of contract concluded in theory by at least a public person and who belongs to the administrative judge.

See Public service contract .

See too

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