B. Judicial Review of Executive and Administrative Acts

• The French Council of State, and the Tribunal of Conflicts
• procedure of administrative review in the conseil d'etat
• range of administrative acts subject to review (virtually complete)
• procedures
• structure on chart p. 550
• 3 basic forms of action, brought in appropriate courts
• excès de pouvoir (exceeding authority)
• cassation (annulment)
• plein juridiction (affirmative relief)
• complicated allocation of jurisdiction, with CE retaining some original and appellate jurisdiction as well as general cassation over lower court decisions
• example: motor vehicle accidents involving government vehicles
• general rules of action against gov't & officials
• gov't liability for failure of service: adm've cts.
• personal liability of officials: civ. cts.
• official acting on official duties or using gov't instrumentality: both liable, separate actions
• gov't claim for indemnity against official
• subrogation: civil courts
• in own right: adm've cts. (usual)
• 1957 statute for motor vehicle accidents
• "damage caused by a vehicle"
• gov't liable, in civ.cts.
• official not liable to third persons
• if damage not caused by vehicle, no change
• example: collision between 2 private vehicles
• caused by faulty police traffic control: general rules
• caused by truck's sudden stop ordered by gov't inspector during street test: statute
• tribunal of conflicts (case p. 733)
• positive conflicts of jurisdiction between adm've and civil courts: only gov't can invoke
• negative conflicts of jur.: frustrated plaintiff can invoke
• substantive conflicts of legal position: no jurisdiction for TofC
• German administrative adjudication
• substantial law of standing in administrative courts
• collective or associational claims (Verbandsklage)
• Wyhl Nuclear Power Plant case