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Custos, Dominique --- "The 2015 French code of administrative procedure: an assessment" [2017] ELECD 1098; in Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake (eds), "Comparative Administrative Law" (Edward Elgar Publishing, 2017) 284

Book Title: Comparative Administrative Law

Editor(s): Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784718657

Section: Chapter 17

Section Title: The 2015 French code of administrative procedure: an assessment

Author(s): Custos, Dominique

Number of pages: 18

Abstract/Description:

On October 23, 2015 the long-awaited French code of administrative procedure came into being as ‘the code of the relationships between the public and the administration’ (CRPA). Even though the CRPA is mostly a restatement and contains few novelties, it encapsulates two prominent trends of the transformation of French administrative law over the past four decades: proceduralization and subjectivization. Thus it harbors elements of the forming worldwide standards of good administration. Moreover, the 2015 codification formalizes a significant reconfiguration of written and unwritten sources of French administrative law. However, it does not fundamentally upend the jurisprudential characteristic of French administrative law. Thanks to the combination of the incomplete nature of the codification of the case-law and the longstanding interpretive resourcefulness of the Conseil d’État, this supreme court will remain a strong player in shaping French administrative law.


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