Is French Administrative Justice a Problem-Solving Justice?

12 Pages Posted: 14 Feb 2019

See all articles by Caroline Expert-Foulquier

Caroline Expert-Foulquier

University of Limoges - Observatory of Institutional and Legal Mutations (OMIJ)

Date Written: January 29, 2019

Abstract

France has a culture of problem-solving justice that is particularly evident in the field of criminal justice. The question may arise however, whether this is also the case in the field of administrative justice, which has a specific purpose directing it to verify whether the decisions of public administrations are legal and to quash them when they are not. The article investigates how the intervention of the French legislator and administrative case law have gradually developed legal tools and practices aimed at solving problems. Many of these tools and practices concern the implementation of alternatives to judgments that allow the parties to find an amicable solution, often with the help of the administrative judges. Yet there are also many tools that allow the judges to solve the problems through their court decisions. The article presents an analysis of the characteristics of French administrative justice as a problem-solving justice and questions the limits of this approach and its future evolution.

Keywords: problem-solving, administrative justice, specific features

Suggested Citation

Expert-Foulquier, Caroline, Is French Administrative Justice a Problem-Solving Justice? (January 29, 2019). Utrecht Law Review, Vol. 14, No. 3, p. 40-51, December 2018, Available at SSRN: https://ssrn.com/abstract=3334434

Caroline Expert-Foulquier (Contact Author)

University of Limoges - Observatory of Institutional and Legal Mutations (OMIJ) ( email )

LIMOGES CEDEX, Limoges
France

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