Minister-judge

In Administrative law French, the minister-judge is the name given to any minister in what each one was, for the contentious administrative businesses of its matter, Juge of common right in First spring. This term is employed in the doctrinal design and jurisprudential until 1899.

Litigations always took place between private individuals and the Administration. As there exists until the 19th century no “jurisdiction administrative”, the victim of an administrative behavior does not have an other solution only to be addressed directly to the minister, by an equitable relief.

It is then the Head of the French State itself, as a supreme leader of the Administration, which can be directly seized, in “call” of the ministers. In practice, he consults the Council of French State, in which is created, by the decrees of June 11th and July 22nd, 1806, a section of the dispute. One is thus in a system where justice “is retained”, since the decisions are returned in the name of the Head of the State, which makes it possible these decisions besides to have an authority. Thus develops, gradually, a specialized contentious function.

This design was abandoned when the stop Cadot (the stop}}) of the Council of State of the December 13rd 1889 gave a general competence to the administrative jurisdiction.

Indeed, by this decision, the Council of State affirmed that it was qualified to know of any proceedings for annulment directed against a administrative Decision, except if a text has way express differently about it. Hitherto the Council of State was qualified to know of proceedings for annulment only insofar as one text had expressly envisaged it. Failing this, they was the ministers who had general competence to come to a conclusion about the recourse directed against the administrative decisions. It is thus an inversion of general competence to the profit of the administrative judge who was operated, which can be moved by the will to better subject the Administration to the right.

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