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Conseil d'Etat — General Part — Withdrawal of administrative decisions

Date Citation Note
13.11.2002 No. 248310 Case Association Alliance pour les droits de la vie By an emergency plea for suspension, an association defending the rights of life can obtain the suspension of a ministerial decision allowing the importation of and experimentation on embryonic cells.
29.03.2002 A.J.D.A. 2003, 345 Case SCI Stephaur The right to property and its corollary – the right of the tenant to freely enjoy leased estate – are basic liberties within the meaning of Article L. 521-2 of the Code of Administrative Justice relating to emergency pleas relating to freedom.
30.10.2001 A.J.D.A. 2001, 1054 Case Ministre de l’intérieur c. Tliba The right to a normal family life is a basic liberty within the meaning of Article L.521-2 of the Code of Administrative Justice regarding emergency pleas relating to freedom.
26.10.2001 n° 197018 Case Ternon Right to tenure in the regional civil service
President of the Regional Council could not lawfully withdraw tenure
Annulment of decision
Legal reinstatement in the post of territorial civil servant
24.02.2001 D. 2001, 1748 Case Tibéri The principle of the plurality of the expression of thought and opinion is a basic liberty within the meaning of Article L. 521-2 of the Code of Administrative Justice regarding emergency pleas relating to freedom.
12.01.2001 D. 2001, 526 Case Mme Hyacinthe The right to asylum and its corollary – the right to request refugee status – is a basic liberty within the meaning of Article L. 521-2 of the Code of Administrative Justice regarding emergency pleas relating to freedom.
03.11.1922 Rec., 790 Case Dame Cachet While ministers have power themselves to annul ex officio any administrative decision which confers rights but is flawed by illegality of such a nature as to entail its annulment in legal proceedings, they can do so only while the limitation period for legal challenge has not expired
Where proceedings have been commenced, the minister, after expiry of the period and so long as the Conseil d’Etat has not issued a decision, may still himself, in order to bring the matter to a satisfactory conclusion, annul the challenged act in so far as it was the object of the said legal proceedings; but he can do so only within the limits of such annulment as was sought by the applicant, and has no power to infringe the vested rights of a party under a decision which, within the relevant limitation periods, has been neither challenged nor recalled