Suchergebnisse

Administrative Cooperation and the Rule of Law
If one of the underlying aims of all administrative cooperation projects is the dissemination of the basic principles of a State subject to the rule of law, the first question is : how do we define this rule of law that we wish to set up ? There is a tendency, especially in the context of cooperation with Central and Eastern European countries hoping to integrate the European Union, to replace the formal concept, more easily put in place due to the lesser number of constraints, with a more substance-based definition. However, States are reluctant to accept the independence of the judiciary and the extension of its control over State power. The French experience may prove helpful in overcoming this difficulty.

Reform of Litigation Procedures Before the Administrative Courts.
Administrative courts have given rise to numerous criticisms. Slow and inefficient, they are disinterested in the consequences of their decisions and, with regard to their caseload, still refuse to exercise the powers normally attributed to a judge. In the light of these criticisms a number of reforms have been undertaken. Some concern the organisation of the court structure which has evolved considerably since the law of 31 December 1987. Others, notably those introduced by the law of 8 February 1995, have conferred new powers upon the judiciary in order to guarantee more effectively that administration respect its decisions. Finally, over the past few years case law has also developed a good deal in securing greater protection of the rights of citizens.

A Double Principle of Subsidiarity. Even if State in France must be renovated and must restore equilibrium in some areas, we cannot really speak in terms of crisis. In addition to certain functions of sovereignty, State is also a long-term depositary, including in terms of social and economic development. State can only survive under suspicious conditions and impose its image on its citizens through a permanent effort at adaptation.