Independent administrative authority in France

See also: AAI

In France, the concept of independent administrative authority (AAI) appeared in the Années 1970, without never being clearly defined by the law or the Jurisprudence.

According to the Council of State, the independent administrative authorities are “ administrative organizations which act in the name of the State and have a reality capacity, without to raise of the authority of the government ”.

Characterization

For lack of precise definition, one can characterize an independent administrative authority by three criteria.

Authority

An independent administrative authority can make executory decisions, which distinguishes it from the jurisdictions , whose decisions have the Autorité of the judged thing, and from the advisory administration , delivering only opinions. Nevertheless, an independent administrative authority can also have jurisdictional and advisory competences, like the Bank charge.

The lawful capacity which can be allotted to certain AAI could come to compete with that of the Prime Minister, it must thus be according to the Constitutional council limited to a precise field. Its capacity is not connected with an autonomous lawful capacity but with the only capacity of execution of the laws, and it moreover is used with an aim of regulation. This concept of regulation expresses the teaching will of the AAI which want to escape the vocabulary from the dispute but mask often from true administrative decisions.

Administrative

The independent administrative authorities generally make integral part of the State: they are not public corporations equipped with the legal entity. Consequently they generally do not have an inheritance, cannot act as justice, nor to conclude a contract. And especially, acting in the name of the State, they are responsible for their acts.

However, the law can give them certain elements of the personality like the capacity to recruit its agents or an financial autonomy. The criterion of the legal entity is the subject thus of a debate: for example, the Authority of the financial markets, definite independent public authority by, is often regarded as a AAI, but has the legal entity.

Independent

Although inside the State, it is independent in the direction where it is withdrawn from the hierarchical capacity. This independence is wanted by the State to offer a credibility and a legitimacy at these organizations evolving/moving in significant fields. If the presidents of AAI are often named by Presidential decree of the Republic, the latter have in heart to generally affirm their independence quickly.

Diversity

Operation

Their operation is often collegial, but they can be represented by an individual, like in the case of the Défenseur of the children.

Fields of intervention

The legislator multiplied them, in particular in the Années 1970 and 1980. They are present today in many fields, but intervene particularly in:
  • economic and financial regulation;
  • information and the communication;
  • the defense of the rights of managed against the “evil administration”.

List AAI

This list is not restrictive.

Recognized explicitly by the law

To find the qualifications in the law, one will refer to the list of the administrative authorities on the site Légifrance (CADA)

According to the criteria of the Council of State

The report/ratio of the Council of State of 2001 recognized certain authorities as being AAI.
  • nuclear Authority of safety (ASN), created in 2006.
  • permanent central Commission
  • Joint committee of the publications and news agencies
  • Superior council of the agency France-Press
  • National Commission of control of the electoral campaign relating to the election of the President of the Republic
  • Commission of the surveys
  • Commission of the tax infringements
  • central Office of tariffing
  • Mediator of the cinema
  • Committee of the finance companies and the companies of investments (CECEI)
  • Commission of the participations and the transfers
  • the Council of competition
  • Audit Board of the insurances
  • Audit Board of the mutual insurance companies and the institutions of precaution
  • National Commission of the commercial equipment (CNEC)
  • Disciplinary board of financial management (CDGF)
  • Commission of regulation of energy (CRE)
  • qualified permanent central Commission as regards agricultural benefit
  • Bank charge
  • Commission of the safety of the consumers (CSC)
  • Commission on the financial transparency of the political life

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