FRENCH APPROACH TO ADMINISTRATIVE ACT

Abstract

The author reviews French legislation: the Code of Relations between the Public and the Administration and the Law” On the Rights of Citizens in their Relations with the Administration " in order to consolidate the provisions on administrative acts in which the result of the administrative procedure is objectified. This Code was adopted in France in 2015 after a period of France’s isolation within the EU. Although the Code of Public Relations and Administration (CRPA) is a codification of à droit constant, it introduced some important and innovative principles. In this article we consider the types of administrative acts, among which we highlight: 1) implicit decisions; 2) unilateral administrative acts; 3) administrative acts. The new revolutionary principle of tacit consent implies the introduction of the principle of “silence de l’administration vaut acceptation” –the silence of the administration is considered as consent or as silent acceptance of an administrative decision. This principle is one of the most important novelties of the Code. Thus, the effect achieved by the CRPA was to invert the relationship between rule and exception. In this regard, it can be partially said that the French legislator heard the requests of supporters of the principle “silence means recognition of demands”. It seems quite logical that for any applicant, even with the existing restrictions, it is more favorable to obtain a positive implicit (implicit) decision, because this prevents the applicant from going to court. French legislation also differs in a number of features associated, first of all, with the presence of such a form as implied decisions and unilateral administrative decisions. In French administrative law, administrative contracts are usually governed by special rules. The current Code does not contain provisions on administrative contracts (and the relevant litigation is usually under the jurisdiction of the administrative courts).