Introduction au Droit Administratif

Study Notes

Administrative law encompasses rules governing the state and citizens, outlining and organizing the services provided by the state.
It guides state actions but differs from constitutional or international law by focusing on state actions within its system.
Administrative actions, intended to fulfill national needs such as security, justice, or health, are regulated to prevent abuse of power.
Key frameworks for administrative action are police powers and public services, addressing how the state guarantees the common good through its administration.
These frameworks bring together various governmental powers and bodies with different functions.

Government directs national policy, controlling administration and military force.
This control over administration allows the government to implement its chosen policies.

French administrative systems, particularly those developed under Napoleon, aim to be effective and widespread tools for implementing government will while ensuring societal acceptance.
Administrative actions require carefully defined rules (administrative law) to ensure accountability.
Public functions (e.g., applying laws, creating public services, maintaining public order) are key components of a functioning state, and administrative law governs their implementation.

Administration includes diverse individuals, organs, and organizations, all part of the broader governmental structure focused on implementing and executing public policy.
These bodies are categorized by the nature of their duties and powers and are organized for smooth operation within the broader governmental structure.

Public bodies are legal entities essential for government action.
They act as a conduit for state power.
These bodies are governed by specific rules to ensure proper function and adherence to law.
Public functionaries are distinct from public bodies as they do not have legal personality on their own.

Administrative bodies have specific powers that distinguish them from private entities.
They can pass laws and obligations without the agreement of affected parties.
Administrative bodies are subject to specific rules, such as non-prescription on government property, the limitations on selling off government resources, and the right of expropriation.
They can often act quickly to address urgent issues with special regulations.
These specialized governing principles ensure their actions are grounded in the public interest.