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Le contrôle juridictionnel des évaluations en droit public

Abstract : Traditionally studied in administrative and politic sciences, evaluations are also an interesting object for law study, especially for public law. Indeed, in France, most of evaluations arc integrated in legislative or administrative procedures. If legal works dedicated to evaluations multiply, the issue of its possible judicial review is not often addressed by authors. Y et, the implementation of an unified judicial review of the evaluations would answer to the unity of the legal category they arc related to : non contentious expertises. Furthermore, only the judge can intervene on the texts related to the evaluations, the evaluations themselves and the decisions based upon thein. This specificity would allow him to address some of the legal, sociologic and politic nefarious effects that evaluation bas on institutions and people. If it were adapted to the informative ant technic nature of the evaluation, a control of the regularity of evaluations and a control of the use of evaluations even regular by deciders could prevent some excesses caused by the rationalization of public decisions. This control is latent in the jurisprudence of the administrative and constitutional judges. But this control must not be overestimated. The unification here proposed will note settle all the difficulties raised by the practice of evaluation. The judicial review is only one of the possible answers that can be brought to the new challenges surrounding the proliferation of evaluations.
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Submitted on : Saturday, February 29, 2020 - 1:03:07 AM
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  • HAL Id : tel-02494691, version 1



Charlotte Agulhon. Le contrôle juridictionnel des évaluations en droit public. Droit. Université Panthéon-Sorbonne - Paris I, 2019. Français. ⟨NNT : 2019PA01D036⟩. ⟨tel-02494691⟩



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