프랑스 일반법원 판사와 행정법원 판사의 권한에 관한 연구

Abstract

In France, there are administrative courts and judicial courts. The judicial courts consist of court of the first instance, Court of appeal, and Supreme Court. The administrative court consist of administrative tribunal, administrative court of appeal, and Council of state. The judicial courts work in order to protect the liberty of individual and the right of property. The judicial judge can appreciate the legality of the decision of retention by the administrative agency. If an individual is hospitalized without the necessity of hospitalisation, the compensation of harm can be decided by the judicial judge. If the administrative agency takes away the property legally, that is expropriation, the administrative court can decide the compensation for damage. If the administrative agency takes away the property illegally, that is expropriation, the judicial court has the right of decision. When l’administration brings the hurt seriously to the private property or to the fundamental freedom, and then it seriously takes illegal decision, it exist the assault((la voie de fait). If there is the assault(la voie de fait), the judicial courts are competent to decide. There is the evolution of the theory of assault(la voie de fait) today. The article L521-2 of Code of administrative justice says. “ Received the request in this meaning justified by urgency, the judge of provisional measure can order all the measures necessary to safeguard the fundamental freedom to which the legal person under public law or private law body loaded of the management of public service would have caused, in the exercise of one of its powers, serious harm and manifestly illegal.” I think that the french people make efforts to protect the private person.