French Administrative Courts and Foreign Administrative Acts: Territoriality Is Dead, Long Live Territoriality!

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The issue of review by French administrative courts of acts of foreign administrative authorities is ancient, but has been revived in the context of the European Union. Secondary legislation adopted under various competences of the EU (internal market, Schengen area, environment…), use the technique of transnational administrative acts and thus calls into question the principle of material territoriality of administrative law. Nevertheless, the French administrative courts remain attached to the principle of formal territoriality and are very reluctant to ensure the indirect control of administrative acts of foreign authorities. However, this solution will have to change in order to guarantee the right to effective judicial protection.