Directive (administration)

A directive is a Administrative act by which the holder of a discrétionnaire competence fixed by advance the way in which it will use it.

The directive facilitates the spot of the administration by guiding it and allows a more homogeneous action by guaranteeing a greater equality in the treatment of managed.

The term appears with the stop Building and loan association of France of December 11th, 1970 per which the Council of State takes again the expression of the Community Directive.

The question arose legality of the directives since it is not certain that the holder of competence can have which it to reintroduce law there or the law had devoted a discrétionnaire capacity.

The Council of State admitted the technique in the years 1970 by framing it by several conditions:

the directive should not be " unsuited to the aim set by the regulation applied "
the directive should not be imperative and must make it possible the administration to derogate from it

The directives thus do not have the regulatory character. There exist however some materially lawful notes taken under the name of directive.

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