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Le principe de l'absence d'effet suspensif des recours contentieux en droit administratif

Abstract : In contentious administrative disputes, appeal actions do not trigger any suspensive effect on the case. As a consequence, the administrative authorities can enforce the appealed decisions until the court gives its final decision. This position constitutes a principle and is due to a highly unbalanced dispute philosophy, as it tends to be favourable to the administration. The non-suspensive effect principle is one of the most direct expressions of this phenomenon as it is most likely to encumber the protection of the plaintiff rights. Studying this principle allows to question the relevance, nowadays, of the ideological basis on which law and administrative disputes are built. A deconstructive analysis shows that, due to several evolutions, this principle seems to be “outdated”. These developments, whether they are part of the legal dimension or part of something bigger, help shaping the expected features of the dispute actions. Finding a balanced solution, between administrative effectiveness and protection of plaintiffs, has become an essential requirement. And this may be reached through rebuilding this rather thorny aspect of the administrative proceedings from a legal analysis of the position in controversy.
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Submitted on : Thursday, January 10, 2019 - 10:52:11 AM
Last modification on : Friday, February 7, 2020 - 3:11:15 AM

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  • HAL Id : tel-01976584, version 1

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Maxime Lei. Le principe de l'absence d'effet suspensif des recours contentieux en droit administratif. Droit. Université de Toulon, 2018. Français. ⟨NNT : 2018TOUL0119⟩. ⟨tel-01976584⟩

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