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Review Of Law Fact France Notes

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France: Review of Law & Fact Internal legality
 Substitute judgment on all internal legality matters
 No error of law<>fact dichotomy — review both in the same way
 Normal power <> discretionary powers Historical overview
 Violation directe de la loi original basis for challenging error of law
 Error of law developed
 Error of law expanded towards facts o Qualification of facts subject to review by 1914 o Then finally error of fact
 Manifest error developed in 1960s Positive law Grounds
 Open in all cases — but quite narrow o Violation directe de la loi (breach of the Constitution) o Error of law o Error of fact o Qualification des fait o Détournement de pouvoir (misuse of power)
 Further grounds open depending on o If tied power — Review for qualification of facts o If discretionary power — Manifest error / proportionality (of facts or of law) General grounds — narrow & for straightforward cases Violation directe de la loi (Constitutional breach)
 Rare — usually breach of Constitutional principle or other very important norm o Protected for symbolic value — and as threat of damages actions
 EG 2004 — refusal by PM to implement legislation concerning NHS tariffs —
refusal to implement challenged  overturned as violation directe de la loi o Art 21 requires PM to implement all legislation Error of law
 Construed narrowly ≈ fundamental error of law
 Not misinterpretation of text
 EG o Basing decision on legislation that has been repealed or is invalid o Basing decision on incorrect criteria — eg legislation that applies to cars applied to motorbikes o Incorrect legal basis — basing decision on incorrect statute

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