Judgment Reviews Law at Réunion (France)
In Réunion, a French overseas department, the judicial review of administrative decisions follows the same legal framework as in mainland France, as the island is an integral part of the French Republic. Here's an overview of how administrative judicial review operates in Réunion:
⚖️ Legal Framework
Réunion's legal system is governed by French administrative law, which is characterized by the principle of légalité, meaning that all administrative acts must comply with the law. The primary legal instruments include:
The Constitution of the Fifth Republic (1958): Establishes the separation of powers and the role of the judiciary in reviewing administrative actions.
The Code of Administrative Justice (Code de justice administrative): Outlines the procedures for challenging administrative decisions.
The Council of State (Conseil d'État): Acts as the supreme administrative court, overseeing the legality of administrative acts and ensuring uniformity in administrative jurisprudence.
These laws apply uniformly across France, including in Réunion.
🏛️ Administrative Courts in Réunion
The administrative judiciary in Réunion operates within the broader framework of the French administrative court system
Administrative Tribunals (Tribunaux administratifs):Handle first-instance cases, including disputes over administrative decisions
Administrative Courts of Appeal (Cours administratives d'appel):Review appeals from administrative tribunals
Council of State (Conseil d'État):Serves as the highest administrative court, reviewing decisions from lower courts and tribunals While Réunion does not have a dedicated administrative tribunal, cases are adjudicated by the administrative courts of mainland France, with hearings conducted in Réunion when necessary
📝 Grounds for Judicial Review
Individuals in Réunion can challenge administrative decisions on several ground:
Illegality When an administrative act contravenes the la.
Abuse of Power When an authority exceeds its legal power.
Violation of Rights When an act infringes upon fundamental right.
Procedural Irregularities When due process is not followed in decision-making. These principles ensure that administrative actions are lawful, reasonable, and fair.
⏳ Procedures and Deadlines
To initiate a judicial review in Reunion:
Filing a Complaint Individuals must first seek reconsideration or appeal within the administrative hierarchy. If unresolved, they may proceed to the court.
Judicial Appeal If administrative recourse is denied or unaddressed, individuals can appeal to the administrative court.
Council of State Review Appeals on points of law from administrative courts are heard by the Council of Stat. Specific deadlines for initiating judicial review may vary depending on the nature of the administrative act and the applicable legal provision.
🧭 Judicial Independence and Oversight
The judiciary in Réunion operates independently, with judges being subject only to the law The Council of State oversees the administrative judiciary, ensuring consistency and adherence to legal standards.
🌍 Regional and International Oversight
As part of France, Réunion is subject to European Union law, including the jurisdiction of the European Court of Justice. Additionally, individuals in Réunion have access to the European Court of Human Rights for matters related to human rights violations.
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