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Summary

The separation of public law and private law courts is of very long standing. Unlike in other countries, it affects not only actions for judicial review, but contract, tort and property laws. This chapter explores the scope of the current distinction. It sets out the basic rules on the litigation which must be brought before the administrative courts. On illegality, it explains the wide range of exceptions that give ordinary courts jurisdiction. It explains contract, property and public body liability, as well as actions of public bodies which are flagrantly outside their competence (voie de fait). It examines the suggested criteria for drawing the distinction between matters within administrative court jurisdiction and those within the jurisdiction of ordinary courts. It concludes that there is no single criterion and that increasingly the specialist expertise of a particular court is a determining factor. The chapter then provides an outline of the procedures for handling conflicts of jurisdiction, especially the Tribunal des Conflits, as it has been reformed in 2015.

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5 - The Distinction between Public Law and Private Law

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5 - The Distinction between Public Law and Private Law

Summary