2013년 프랑스 行政判例의 動向 硏究

The french administrative justice system ensures that the right balance is struck between the prerogatives of the government and the rights of citizens. In 2013, when judging the activities of administrations, it strove on a daily basis to strengthen safeguards for citizens and uphold the public interest. The priority question of constitutionality device came into force on 1 March 2010, settled down in 2013. The Conseil d’État recognized that the management of EDF has the power to impose restrictions on the right to strike in its nuclear power stations. From a legal standpoint, simply allowing the possibility of fatal shark attacks constitutes a serious violation of the principle of respect for life : a fundamental freedom that government must protect. The Conseil d’État stated that the government could be held liable by a detained person where the conditions of his detainment were an offense to their human dignity. The Conseil d’État decided that there was no reliable scientific data to justify suspending the cultivation of genetically modified maize. The implications of the precautionary principle in the context of a declaration of public utility were clarified by the The Conseil d’État. The increase in the fee payable by highway concession companies for occupancy of public road infrastructure is not illegal. The Conseil d’État stated that a ban on individual or collective travel on the part of supporters did not constitute a clear violation of the principles of freedom of movement or freedom of association if it was justified by the past experience that the presence of these supporters at a sporting event posed a serious threat to public order. The Conseil d’État ruled that the practice of athletes’ whereabouts in order to monitor drug use was justified by public interest considerations.