Независимость – элемент легитимности французского административного судьи

Abstract

The article describes issues related to the independence of administrative judges in France. The merits of French administrative judges are constantly being discussed. Since the establishment of the Council of State, administrative jurisdiction has not only received the respect it deserves but has also been subject to criticism for its legitimacy. Consideration of the position of a French administrative judge refers to the jurisdictional dualism that is characteristic of France. The Administrative Court regularly makes strong arguments in its favor; it has the legally enshrined right to exist and objective grounds for this. It serves the idea of justice and equality, carries out tasks that no one else can fulfill through addressing three different audiences: the administration and the outside political power, of which it is a branch, the applicant, and the court of general jurisdiction. At the same time, it is necessary to pay attention to the problems of a European judge who can change the legal identity of a state. Some foreign judges dare to question the legitimacy of European case law and thus defend their own legitimacy, but in France, this approach is unlikely to be observed. The author believes that administrative judges should accept the classic challenge of a relationship with the national authorities and rethink its legitimacy concerning the supranational judiciary.