Un aspect méconnu de la gestion administrative : la régularisation des procédures et décisions illégales
By: WOEHRLING, Jean-Marie
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ArticlePublisher: Paris : ENA, 2004Revue Française D'Administration Publique 111, p. 533-546Abstract: What should be done about illegal administrative acts which seem basically justified or that can be corrected or regularised ? For the French administrative judge, the traditional response to this question is to state the illegality and invalidate the irregular act. There exist however, a number of correctives diverse hypotheses under which certain flaws will not be taken into account. In addition, these hypotheses have been broadened by recent and widely remarked rulings of jurisprudence. A complement to annulment thus seems necessary in the context of a more and more complex and demanding administrative law : it would entail an efficient procedure making it possible to mend an act with valid content but which is partially defective
What should be done about illegal administrative acts which seem basically justified or that can be corrected or regularised ? For the French administrative judge, the traditional response to this question is to state the illegality and invalidate the irregular act. There exist however, a number of correctives diverse hypotheses under which certain flaws will not be taken into account. In addition, these hypotheses have been broadened by recent and widely remarked rulings of jurisprudence. A complement to annulment thus seems necessary in the context of a more and more complex and demanding administrative law : it would entail an efficient procedure making it possible to mend an act with valid content but which is partially defective
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