GENERAL PRINCIPLES OF LAW
LexInter | February 17, 2013 | 0 Comments

GENERAL PRINCIPLES OF LAW

The general principles of law are a praetorian source of legality, alongside the law and the constitution, created by the jurisprudence of the Council of State. These general principles are binding on any regulatory authority in the absence of legislative provisions ( CE 26 June 1959, Syndicat Général des Ingénieurs Conseils )

The general principles of law were developed by the Council of State from 1945. The Council of State was inspired by the constitutional preambles and the founding principles of the Republic.

PRINCIPLE OF RESPECT FOR DEFENSE RIGHTS

In an ARAMU judgment of October 26, 1945, the Council of State considered that a disciplinary sanction could not be pronounced against an administrative agent without the person concerned being able to present his defense. This principle had already been affirmed in a judgment of May 5, 1944, the Veuve Trompier Gravier judgment.

PRINCIPLE OF EQUALITY

Among the general principles of law is the principle of equality. The Council of State affirmed that the principle of equality was a principle of management of the public service ( CE March 9, 1951 Société des Concerts du Conservatoire ). He then considered that the principle of equal access for all to public employment without any discrimination was imposed on administrations ( EC 28 May 1954 Barel judgment ). The Council of State affirmed the principle of the equality of all citizens before the courts ( CE 12 October 1979 Rassemblement des nouvelles lawyers de France )

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