Droit Administratiff

Theoretical overview

Meaning

It is a French administrative legal system that means a body of rules which determines the organization, power and duties of public administration. It regulates the relation between administration and citizens. Droit administratiff does not represent the rule and principles enacted by parliament (unlike India where administration represents rules and regulations enacted by parliament only). Instead, it contains the rules developed by administrative courts which regulate the relationship between: –

• Public servant and citizens
• Public servant and government
• Public servant and public servant

Napoleon Bonaparte was the founder of the droit administratif. He also established counsel d’etate(council of state) and passed an ordinance defining jurisdiction of courts and administrative authorities

Background

 Its background can be traced from French political history. During Louis XIV, the French government was highly centralized and executive authorities were highly arbitrating which couldn’t be controlled by the civil courts. This is the reason why droit administratiff camle into existence. Napoleon Bonaparte put in d’etate. From then onwards, there were two courts namely civil/criminal courts and the administrative courts. 

Rules of droit administratiff

1. Rules relating to administrative officials and authority which included appointments, salaries, dismissals and status.
2. Rules relating to operation of public service to meet the needs of the citizens.
3. Rules dealing with private adjudication- if any injury is done to any private citizen, then matter will be taken care of by the administrative courts or the counsel d’etate. It is the highest adjudication.

In France, disputes between administration and ordinary courts were resolved by tribunal des conflex which included administrative judges.

Principles of droit administratiff

French scholar Jean Waline founded 3 principles

1. Th power of administration to act suo-moto (on its own) to improve its decisions
2. To take and execute the suo-moto in way that it be exercised only under law and protects individual liberties
3. Existence of specialized administrative jurisdiction

Functions of cousel d’etate

• Being an independent body, it reviews every administrative action.
• It deals with a variety of matters like income tax, pension, election disputes etc.
• It can interfere in administrative order only if there is lack of jurisdiction or error of law or misappropriation of power or irregularity of procedure.

Criticism by  Dicey

• Absence of special privilege for a government official
• all the persons irrespective to rank must be subject to ordinary law of land which is missing
• Everyone should be governed by the law passed by the ordinary legislative organ of state which is also completely missing.