CE, 17 février 1950, DAME LAMOTTE ⚖️

Since the emblematic “Dame Lamotte” ruling of the Council of State of 17 February 1950 (CE, 17 February 1950, Minister of Agriculture v. Dame Lamotte), any decision taken by the Administration (mayor, prefect, etc.) can be challenged before the judge by an appeal for abuse of power. The facts are complex and concern the cancellation of the decisions of the prefect of Ain who had granted land belonging to Dame Lamotte, which she contested. Although she was able to win her case against the prefect’s first decisions in 1941 and 1942, a 1943 law prohibits appeals against such decisions. However, in 1946, Dame Lamotte had obtained the cancellation of a 1944 decision before the interdepartmental prefectural council. The Minister of Agriculture therefore appealed to the Council of State to annul the 1946 decision. To the extent that a law prohibits administrative and judicial appeals against certain decisions of the administration, is an appeal for abuse of power for annulment nevertheless possible? In its decision, the Council of State identified a general principle of administrative law (PGD) guaranteeing an appeal for abuse of power. It states that an appeal for abuse of power is always possible unless a law expressly excludes it. This principle has two major consequences: The Administration cannot prohibit this type of appeal. In the absence of an explicit prohibition by law, the appeal is presumed open. As a comment, it should be noted that a general principle of law can be called into question by a higher standard, such as a law, an international treaty or the Constitution. Fortunately, other guarantees protect the right of litigants to appeal. ▬▬▬▬▬▬▬▬▬▬▬ RELATED VIDEOS ▬▬▬▬▬▬▬▬▬▬▬ ► APPEAL FOR EXCESS OF POWER (REP) 🔤    • RECOURS POUR EXCÈS DE POUVOIR (REP) 🔤   ► COUNCIL OF STATE (jurisdictional function) in public law 🔤    • CONSEIL D'ÉTAT (fonction juridictionnelle)...   ▬▬▬▬▬▬▬▬▬▬▬▬ BIBLIOGRAPHY (Administrative law)▬▬▬▬▬▬▬▬▬▬▬ B. Sellier, Administrative Law: Volume 1, Sources and the Judge, FLAMMARION, 2023 ► Amazon https://amzn.to/4ifbFXd B. Sellier, Administrative Action, Flammarion 2024 ► Amazon https://amzn.to/3CWbGk5 WARNING: The legal dictionary on video is a participant in the Amazon EU Associates Program, an affiliate advertising program designed to allow sites to earn advertising fees by advertising and linking to Amazon.fr. ▬▬▬▬▬▬▬▬▬▬▬ ▬▬▬▬▬▬▬▬▬▬▬ ABOUT THIS VIDEO ▬▬▬▬▬▬▬▬▬▬▬▬ #law #administrativelaw #REP Public law    • CE, 17 février 1950, DAME LAMOTTE ⚖️