Changes in the administrative lawsuit
Contemporary Dynamics of the Distinction between Excess of Power Remedies and Full Litigation
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The distinction between an action for abuse of authority (EPR) and full remedy (FAS) is not clear.litigation (RPC) was systematized by Edouard Laferrière in 1887. This distinction will "bind" the theory and practice of administrative litigation for more than a century. It is established according to the extent of the judge's powers and the nature of the question put to the judge. To reflect on the major developments that have marked this contentious bifurcation leads to note the contemporary synthesis of appeals. Consequently, this study is of its time, since it integrates the most recent leg...
The distinction between an action for abuse of authority (EPR) and full remedy (FAS) is not clear.litigation (RPC) was systematized by Edouard Laferrière in 1887. This distinction will "bind" the theory and practice of administrative litigation for more than a century. It is established according to the extent of the judge's powers and the nature of the question put to the judge. To reflect on the major developments that have marked this contentious bifurcation leads to note the contemporary synthesis of appeals. Consequently, this study is of its time, since it integrates the most recent legislative, jurisprudential and doctrinal evolutions which sound the death knell of the distinction which it will be necessary, and this is our thesis, to celebrate the "Requiem" while wishing the birth of a "New Single Appeal" before the administrative judge. Even if the legacy of EdouardLaferrière is one of those whom time does not consume, it is undoubtedly in this brief that the opposition between the REP and the RPC, proposed by the latter and long considered as "gospel truth", will have aged the most.
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