Judgement powers in administration activity and in Administration Court supervision
In France, as in many European countries, there is a distinction between related authority and discretion of administration powers which affords more or less wide powers of evaluation of facts. The judge can, or rather, cannot supervise that evaluation of facts and module the breadth of its supervis...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Pravni fakultet Sveučilišta u Splitu
2015-01-01
|
| Series: | Zbornik Radova Pravnog Fakulteta u Splitu |
| Subjects: | |
| Online Access: | http://hrcak.srce.hr/file/203572 |
| _version_ | 1797427120179249152 |
|---|---|
| author | Daniel Giltard |
| author_facet | Daniel Giltard |
| author_sort | Daniel Giltard |
| collection | DOAJ |
| description | In France, as in many European countries, there is a distinction between related authority and discretion of administration powers which affords more or less wide powers of evaluation of facts. The judge can, or rather, cannot supervise that evaluation of facts and module the breadth of its supervision. A century ago, the French administration court included factual questions on its supervision and legality in such a way that it controlled the legal qualification of facts which motivated a certain judgement. That supervision of motives remains important, but over time, it is complemented with control of its adaptation, appropriacy of significance, and proportionality with the factual reality. |
| first_indexed | 2024-03-09T08:40:05Z |
| format | Article |
| id | doaj.art-98ecda57fffb493f97006510bfce2970 |
| institution | Directory Open Access Journal |
| issn | 0584-9063 1847-0459 |
| language | English |
| last_indexed | 2024-03-09T08:40:05Z |
| publishDate | 2015-01-01 |
| publisher | Pravni fakultet Sveučilišta u Splitu |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Splitu |
| spelling | doaj.art-98ecda57fffb493f97006510bfce29702023-12-02T17:07:30ZengPravni fakultet Sveučilišta u SplituZbornik Radova Pravnog Fakulteta u Splitu0584-90631847-04592015-01-015211124Judgement powers in administration activity and in Administration Court supervisionDaniel GiltardIn France, as in many European countries, there is a distinction between related authority and discretion of administration powers which affords more or less wide powers of evaluation of facts. The judge can, or rather, cannot supervise that evaluation of facts and module the breadth of its supervision. A century ago, the French administration court included factual questions on its supervision and legality in such a way that it controlled the legal qualification of facts which motivated a certain judgement. That supervision of motives remains important, but over time, it is complemented with control of its adaptation, appropriacy of significance, and proportionality with the factual reality.http://hrcak.srce.hr/file/203572administrative judgeauthority of diseretionevaluation of facts |
| spellingShingle | Daniel Giltard Judgement powers in administration activity and in Administration Court supervision Zbornik Radova Pravnog Fakulteta u Splitu administrative judge authority of diseretion evaluation of facts |
| title | Judgement powers in administration activity and in Administration Court supervision |
| title_full | Judgement powers in administration activity and in Administration Court supervision |
| title_fullStr | Judgement powers in administration activity and in Administration Court supervision |
| title_full_unstemmed | Judgement powers in administration activity and in Administration Court supervision |
| title_short | Judgement powers in administration activity and in Administration Court supervision |
| title_sort | judgement powers in administration activity and in administration court supervision |
| topic | administrative judge authority of diseretion evaluation of facts |
| url | http://hrcak.srce.hr/file/203572 |
| work_keys_str_mv | AT danielgiltard judgementpowersinadministrationactivityandinadministrationcourtsupervision |