Hearing and Consultation Procedure in France
| Author | André Heilbronner |
| Published date | 01 March 1959 |
| Date | 01 March 1959 |
| DOI | http://doi.org/10.1177/002085235902500113 |
| Subject Matter | Articles |
were tailored to meet its specific needs, and
who have to discuss or exchange their views.
that the participation of private enterprise is,
Committees composed of officials from the
both in fact and in legal theory, fully justified.
various authorities concerned are consequent-
Its operation combines public and private law
ly established. They are interdepartmental
in
when
a highly ingenious and successful manner.
appropriate.
B. Committees for enlightening the admin-
istration, composed of persons outside the civil
service and a few officials. Committees of this
Hearing and Consultation Procedure in France
type usually represent a profession or an in-
terest group and, with their help, the admin-
istrators are in theory better able to deal with
by André HEILBRONNER,
certain questions, particularly those of an
Councillor of State (France),
economic nature.
~
and Roland DRAGO,
I
C. Committees for comparing the opinions
Professor at the Faculty of Law and
I of several interest groups. In the same com-
Economics, Lille.
mittee, one may find civil servants, represen-
I tatives of employees (sometimes divided into
/ representatives of wage-earners, salary-earners
The
’
purpose of the article is to examine
and
,
executives), of users, families, competing
advisory techniques and the legislation gov-
private enterprises concerned with the matter
erning them, as exemplified by the jurispru-
under discussion, etc. This method has been
dence of the Conseil d’Etat.
used, inter alia, for the membership of certain
Conseils supirieurs in France. Administration
The term « advisory administration
»
(ad-
is then carried on in democratic fashion and a
m.inistration consultative) and the distinction
between it and
gap is bridged between the administration and
two other forms of administra-
the public.
tion, executive administration (ad7niniJtra-
tion exécutive) and deliberative administra-
D. Councils necessary for adversary pro-
tion (administration dilibirante), are due to
cedure, in compliance with the audi alteram
Hauriou. Although it may be somewhat im-
partem rule. There are...
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