Droit Administratif

In France, Droit Administratif can be defined as a body of rules which determine the
organisation and duties of public administration and which regulate the relations of the
administration with the citizens of the State.
Droit Administratif is associated with the name of Napoleon Bonaparte. Before the Revolution
in 1789, there was a constant see-saw struggle for power going on in the French politics
between the traditionalist Bonapartists (who supported the executive power in judicial
matters) and reformist parliaments (who supported the jurisdiction of ordinary courts.). In pre-
revolutionary France, Conseil du Roi advised the King in legal and administrative matters. This
body can be compared with Curia Regis and the Privy Council in Britain during feudalistic days.
Conseil du Roi also discharged judicial functions such as deciding disputes between great
nobles. Ordinary courts became jealous and not only interfered with the functioning of the
executive but also tried to impede the growth of the measures which the monarchy wanted to
introduce.
After the Revolution in 1789, a major breakthrough was made in this deadlock. The first step
taken by the revolutionists was to curtail the power of the executive which was done on the
theory of separation of powers by the famous 16-24 August, 1790 Law. Conseil du Roi was
abolished and the Kings powers were curtailed. Napoleon, who became the first Consul,
favoured freedom for the administration and also favoured reforms. He wanted an institution
to give relief to the people against the excesses of the administration. Therefore, in 1799
Conseil dEtat was established. The main aim of the institution was to resolve difficulties which
might occur in the course of the administration. However, in due course of time it started
exercising judicial powers in matters involving administration. In the beginning it was not an
independent court but an appendage of the executive. Its main task was to advise the Minister
with whom the complaint was to be lodged. In fact the minister was the judge, and the Conseil
dEtate administered only advisory justice. It did not have public sessions. It had no power to
pronounce judgments. It represented the Governments point of view. It was this aspect of the
Conseil dEtat which was against Diceys concept of Rule of Law.
In 1872 its formal power to give judgment was established. The Arrets Blanco, February 8
th
,
1873 finally lay down and settled that in all matters involving administration, the jurisdiction of
the Conseil dEtat would be final. In 1889, it started receiving direct complaints from citizens
and not through ministers.
Droit Administratif does not represent principles and rules laid down by the French Parliament;
it consists of rules developed by the judges of the administrative courts. Droit Administratif,
therefore, includes three series of rules:
1. Rules dealing with administrative authorities and officials (Appointment, Dismissal,
Status, Salary and Duties etc.)
2. Rules dealing with the operation of public services to meet the needs of citizens
(These services may be operated either wholly by public officials or under their
supervision or they may assist private agencies to provide public utility services)
3. Rules dealing with administrative adjudication (If any injury is done to a private citizen
by the administration, the matter would be decided by the administrative courts.
Conseil dEtat is the highest administrative court. This system of administrative
adjudication developed in France due to historical reasons in order to avoid
encroachment by the courts on the powers of the administrative authorities and
prevent intrusion by the judges into the business of the administration)
In case of conflict between the ordinary courts and the administrative courts regarding
jurisdiction, the matter is decided by the Tribunal des Conflits. This tribunal consists of equal
number of ordinary and administrative judges and is presided over by the Minister of Justice.
There is no Code of Droit Administratif like the Code Civil. The Conseil dEtat has developed and
elaborated the doctrines on its own. This has been done neither to justify the arbitrary powers
of the administrative officials nor to narrow the field of citizens liberty but to help citizens
against the excesses of the administration. Sometimes these new doctrines created by the
Conseil dEtat have been adopted in the Civil Code by the Parliament.

Characteristics of Droit Administratif
1. Matters concerning the State and administrative litigation are decided by the
Administrative Courts and not by the ordinary courts of the land.
2. In deciding matters concerning the State and administrative litigation, special rules as
developed by the administrative courts are applied.
3. Conflict of jurisdiction between ordinary courts and administrative courts are decided by
the agency known as Tribunal des Conflits.
4. It protects government officials from the control of the ordinary courts.
5. Conseil dEtat which is the supreme administrative court is not a priori invention but is
the product of historical process with deep roots. It is not merely an adjudicatory body
but is also a consultative body.
The early common criticism of Droit Administratif in France has been that it cannot protect the
private citizen from the excesses of the administration. However, later researches have shown
that no single institution has done so much for the protection of private citizens against the
excesses of the administration as has been done by the Conseil dEtat.