See also: Validation (homonymy)
In France, the legislative validation is the process by which the valid legislator retroactively a Administrative act cancelled by the administrative judge after a recourse for abuse of power.
Indeed, the consequences of the nullity of an administrative act can be very serious, to see aberrant in particular when notes were taken on the base of this null act. For example when a contest is cancelled several years after its unfolding, whereas the prizes winner are already in function.
The legislative validation thus allows " sauver" the cancelled act. This practice is old and was very criticized by the doctrines since it involves a confusion of the capacities and an interference of the legislative power in the legal decision.
This practice, by transforming the administrative act into law, draws aside the administrative judge but makes the judge constitutional qualified. This one was to thus slice on the conformity of this practice with the principle of the separation of the capacities. The Constitutional council thus considered into 1980 that the legislative validation was constitutional when it was done with an aim of General interest. He framed the process as from 1988, and in particular in 1996 while prohibiting that the validation does not relate to a final cancellation having the force of judged thing. Lastly, the validated act must be in conformity with the constitution.
The Council of State also sanctioned the process in comparison with the European Convention of the Human rights when it was contrary with the requirement of Droit to the fair trial.
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