Public Liability for Administrative Acts under French Law

Abstract

This article examines the interplay between the concept of non–contractual liability under administrative law in France and the evolution of Member State liability under European Community law. It does so by exploring the development of the framework of public liability under French law. Starting from the basic principle of separation of courts under the French legal order, the article discusses the complex and yet decisive elements which led to the formation of State liability in France. Against this background, the article then provides a general reflection on how the initial one-sided influence of French law on the Community legal order has in fact been reversed, shifting from a unilateral to a mutually beneficial relationship between the Conseil d’État and the ECJ in recent years. Finally, the article seeks to unravel past and present problems of communication between the two Courts and offers a glimpse of the current and prospective relationship between the ECJ and the Conseil d’État.