Feb. 8, 1873

Documentary Base : 04. Tribunal des Conflits

Tribunal des Conflits

Tribunal des conflits (French Tribunal of Conflicts)

February 8, 1873, Blanco

The Blanco judgment has been presented by the doctrine as the "cornerstone" of administrative law. Indeed, until now, the liability of the State still reported to the Code civil  (French Civil Code) as it was not a code of "special branch of Law" but the "common law" Code.

By asserting that the State sees its appreciated by the administrative judge according to rules that aren't those of the Civil Code, which governs only the persons of private law, the Tribunal Conflict allows the Conseil d'État (French Council of State) the responsibility to write rules applicable to public entities, that is to say, give rise to administrative law itself.

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To read the decision (in French).

 

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