Journal article

Legal certainty in French administrative litigation: At what price?

Pages 77 to 94

Cite this article


  • Monot-Fouletier, M.
(2025). Legal Certainty in French Administrative Litigation: At What Price? Revue CONFLUENCE : Sciences & Humanités, 7(1), 77-94. https://doi.org/10.3917/confl.007.0077.

  • Monot-Fouletier, Marjolaine.
« Legal certainty in French administrative litigation: At what price? ». Revue CONFLUENCE : Sciences & Humanités, 2025/1 n° 7, 2025. p.77-94. CAIRN.INFO, shs.cairn.info/journal-confluence-sciences-humanites-2025-1-page-77?lang=en.

  • MONOT-FOULETIER, Marjolaine,
2025. Legal certainty in French administrative litigation: At what price? Revue CONFLUENCE : Sciences & Humanités, 2025/1 n° 7, p.77-94. DOI : 10.3917/confl.007.0077. URL : https://shs.cairn.info/journal-confluence-sciences-humanites-2025-1-page-77?lang=en.

https://doi.org/10.3917/confl.007.0077


English

The principle of legal certainty enshrined in France by the Council of State in 2006 seems tautological in that the very existence of the law is supposed to be both the condition and the embodiment of legal certainty. However, this principle goes beyond the requirement for the enactment of norms: in addition to security through the law, there is the need for the security of the law. But the dogmatic search for both of them risks creating uncertainty where it was claimed to be eradicated. Thus, the security of the law, by requiring certainty of its meaning and its consequences on current legal situations, led the administrative judge to alter his control of legality, while promoters of new technologies see it as a pretext to push the development of an algorithmic justice supposed to eradicate jurisdictional hazard. Is not the price of this legal certainty too high in view of the danger of weakening the rule of law?

Discipline: LAW