FRANCE Law and Practice Contributed by: Thierry Laloum, Jordan Pontal, Julie Sarny and Gabin Dupont-Guianvarch, Willkie Farr & Gallagher LLP
• it may be significant for the claimant, for various reasons, not to face their adver - sary alone, particularly when the latter is an administrative authority or, for example, a major public works company. 8. Evidence 8.1 Disclosure/Discovery There is no disclosure or discovery procedure in France. Before the administrative judge, the procedure is inquisitorial (Council of State, 30 October 2009, Perreux, case No 298348). The judge alone directs the instruction of the case and, as such, requests the parties to pro - vide all the evidence necessary to reach a ruling. The judge is therefore the person who orders the communication of the documents deemed necessary. The judge may also order the consul - tation of an expert, decide on a site visit, order an investigation, etc. In this regard, the parties may request measures of inquiry which the judge may or may not agree to implement. The judge’s investigative powers are intended to remedy the inequality that may exist between the public entity and the other party in an admin - istrative dispute. 8.2 Alternatives to Disclosure/Discovery Under French law, anyone has the right to access administrative documents held by public or private persons entrusted with a public ser - vice mission.
Administrative documents include files, reports, studies, accounts, minutes, statistics, instruc - tions, circulars, ministerial notes and responses, correspondence, opinions, forecasts, source codes and decisions produced or received, as part of their public service mission, by the State, local authorities and other public or private bod - ies entrusted with such a mission. This right of access to administrative documents is one of the “fundamental guarantees granted to citizens for the exercise of public freedoms” within the meaning of Article 34 of the Constitu - tion (Council of State, 29 April 2002, Ullmann, case No 228830). In case the relevant administration refuses to give access to the administrative document requested, the claimant may lodge a request to the Commission for Access to Administrative Documents (hereinafter “the Commission” ). The Commission will issue an opinion on the refusal. If the administration continues to refuse to issue the administrative document, despite having been provided with a favourable opinion from the Commission, the claimant may lodge an appeal before the administrative court. 8.3 Live Evidence and Cross- Examination Live evidence refers to the testimony or state - ments given by witnesses in person during a trial or hearing. Cross-examination is the process where one lawyer questions the other side’s wit - ness to challenge their credibility. The French administrative litigation system does not include procedures such as “live evidence” and “cross-examination” , as found in common law systems (such as in English or American law). French administrative litigation operates
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