Conseil d'État

In France, the Conseil d'État (Council of State) is an important government group. It helps make sure laws and decisions made by leaders follow the rules. It also acts as the highest court for matters that involve the government instead of regular people or businesses.

The Conseil d'État was started in 1799 by Napoleon. It replaced an older group called the King's Council. Today, it is located in the Palais-Royal in Paris. The people who work there are very experienced lawyers.

Being part of the Conseil d'État is a special honor. Members usually come from the top students at a school for leaders called the École nationale d'administration. The leader of this group is one of the most important officials in France.

Composition

The Conseil d'État is led by the Vice President, who is chosen from among its leaders or members. The Prime Minister or the Minister of Justice may preside over important meetings, but usually the Vice President leads the group.

The Conseil d'État includes several types of members, such as department heads, Councillors, and Masters of Requests. These members are chosen based on their experience and sometimes come from other parts of the government. Many new members graduate from France’s National Administration Academy.

The Conseil d'État has seven divisions that handle different tasks, like reviewing government decisions and studying legal problems. It meets in the Palais Royal in Paris.

History

The Council of State in France began in the 13th century as part of the King's Court. Over time, it was reorganized many times. In 1557, it was formally established to help the King with important decisions and to handle disputes involving the government.

In 1799, during the time of the French Consulate, the Council of State was created in its current form. It serves two main roles: deciding on claims against the government and helping write important laws. Today, it mainly reviews decisions made by lower administrative courts and gives advice on legal matters.

Advisory role

The Conseil d'État helps make sure certain important rules are checked before they become law. This includes laws suggested by people who are not in Parliament and orders signed by the Prime Minister and other leaders. These orders explain how laws will be used.

The Conseil d'État looks at these rules carefully, making sure they are clear and work well for the parts of the government they affect.

Administrative justice

The Conseil d'État serves as the highest court for administrative law in France. It reviews decisions made by the government and also handles appeals from lower administrative courts. Its decisions are final and cannot be challenged further.

The Conseil d'État also acts as an advisor to the government, ensuring that new laws and rules follow existing laws. It examines important issues, such as whether a new law should be passed by Parliament or if a government's action fits within France’s foreign policy plans. This role helps keep the government's actions in check.

The Conseil d'État reviews cases from local elections and decisions made by lower administrative courts. If needed, it can send a case back to another court for a new decision or make a final ruling itself. Its procedures are mostly written, but it includes an important oral discussion by a public magistrate who shares their unbiased view of the case. About 10,000 decisions are made each year, with the most important ones collected and studied by legal experts.

French Institute of Administrative Sciences

The Council of State is connected to the French Institute of Administrative Sciences (IFSA). The vice-president of the Council of State also leads the IFSA, and its important members are state counselors. In 2009, the Council of State held IFSA's yearly meeting, focusing on the topic of public safety and working together between government and private groups.