Un aspect méconnu de la gestion administrative : la régularisation des procédures et décisions illégales

Résumé 0

An Underestimated Aspect of Administrative Management : the Regularisation of Illegal Administrative Acts and Procedures What should be done about illegal administrative acts which seem basically justified or that can be corrected or regularised ? For the French administrative judge, the traditional response to this question is to state the illegality and invalidate the irregular act. There exist however, a number of correctives — diverse hypotheses under which certain flaws will not be taken into account. In addition, these hypotheses have been broadened by recent and widely remarked rulings of jurisprudence. A complement to annulment thus seems necessary in the context of a more and more complex and demanding administrative law : it would entail an efficient procedure making it possible to “mend” an act with valid content but which is partially defective.