FRANCE Law and Practice Contributed by: Thierry Laloum, Jordan Pontal, Julie Sarny and Gabin Dupont-Guianvarch, Willkie Farr & Gallagher LLP
the administrative act issued by the admin - istrative authority (Council of State, 4 April 1914, Gomel, case No 55125). In this case, the judge reviewed whether the administrative authority has correctly applied a specifically
may challenge the legality of an administrative act on the basis that the decisions-maker was biased. When imposing an administrative sanction on a natural person or a legal entity, the administrative authority will comply not only with the principle of impartiality as general principle of law but also as laid down in Article 6-1 of the European Con - vention for the Protection of Human Rights and Fundamental and to avoid Freedoms (hereinafter the European Convention on Human Rights). The principle of impartiality has thus both a subjective and an objective dimension (which may correspond, respectively, to the concepts of “actual bias” and “apparent bias” in the UK. On its subjective dimension, impartiality depends on the decision-maker’s personal beliefs and behaviour. On its objective dimension, impartial - ity consists of determining whether, regardless of the decision-maker’s personal beliefs, there are ascertainable facts which may raise doubts as to his impartiality. Natural persons and legal entities may challenge the legality of an administrative sanction on the basis of a lack of subjective or objective impar - The principle of equality is a general principle of law that applies to all administrative authorities (Council of State, 9 March 1951, Société des concerts du Conservatoire, case No 92004). The principle of equality requires that, unless jus - tified by considerations of public interest, natu - ral persons or legal entities in similar situations should be treated the same, and any differences tiality of the decision-maker. 10.7 Unequal Treatment
defined rule of law to given facts. 10.5 Abdication or Fettering of Discretion
Under French public law, administrative authori - ties shall themselves exercise the powers grant - ed to them by law or regulations. Such a rule is referred to as the principal of non-delegation of powers ( principe d’indisponibilité des com- pétences) . In accordance with this principle, administrative authorities may not: • refuse to issue a decision that falls within its powers; • abandon its powers to another administra - tive authority or to any natural person or legal entity; • issue a decision on the basis of the opinion given by another administrative authority or another natural person or legal entity, when such an opinion is not required by law or regulations. In all these situations, any interested person may bring a challenge on the basis that the adminis - trative authority abdicated or fettered their com - petence. 10.6 Bias The principle of impartiality is a general princi - ple of law that applies to all French administra - tive authorities. It guarantees to natural persons and legal entities that all French administrative authorities examine their requests or claims without bias. Natural persons and legal entities
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