2020
Cairn
Olga Mamoudy, « L’économie des moyens : une pratique en voie d’extinction ? », Civitas Europa, ID : 10670/1.6ff9dd...
Although it has not been altogether abandoned, the practice of economy of means has nonetheless been profoundly affected, not only by certain legislative interventions but also and above all by the Council of State’s recent jurisprudence, in a sense more adapted to the renewed context of administrative courts, in particular as regards misuse of power. At present, administrative judges have to examine certain pleas and this obligation calls the physiognomy of the economy of means into questions. Focusing on total satisfaction of complainants’ requests, economy of means has become constructive and possessed of a long called-for useful effect. A number of varying viewpoints on economy of means are still compatible with the practice’s classical physiognomy. However, the useful effect that has been conferred upon it has changed it so much that, in certain hypotheses, it will have to be abandoned. Such major procedural development merits approval in that it serves the complainant’s interest, in contrast to the present trend of restricting access to the courts.