Administrative Law and Public Law
Administrative law foundations
Understand the hierarchy of norms: Constitution, laws, decrees, and regulations. Know the principles of legality, proportionality, and legitimate expectations. Grasp the role of the Council of State as the supreme administrative court.
Administrative acts
Know the distinction between unilateral acts and contracts, the rules on motivation (motivation formelle), and the consequences of annulment. Understand the recours en annulation and the recours en suspension.
Public law and the bailiff
Bailiffs may serve administrative documents and enforce certain administrative decisions. Know the limits: some administrative acts require specific procedures before enforcement.
Traps
- Confusing annulment (annulation) with suspension (suspension).
- Forgetting the motivation requirement for administrative acts.
- Mixing the Council of State's role with that of the ordinary courts.
- Overlooking the rules on public procurement and public property.
Rule of thumb
When a question involves an administrative act, check: (1) competence of the author; (2) motivation; (3) proportionality; (4) available remedies before the Council of State.
Worked example
A citizen challenges a municipal decision. The Council of State may annul the act, but annulment has retroactive effect. The question may test whether suspension or annulment is the appropriate remedy, and the deadlines involved.