2015年 프랑스 行政判例의 動向 硏究

The Conseil d’Etat, Supreme Administrative Court of France has a traditional advisory role and an administrative trial function. In 2015, it continued efforts for efficiency of trial to shorten the length of the processing period. There are some representative examples of administrative cases in 2015 include freedom of residence and move, employee’s safety and health, unemployment insurance, urban planning, sports, broadcasting, and presidential elections. In the decision on the residence restrictions in accordance with the declaration of emergency, it distinguished the requirements of emergency and those of residence restrictions while it is within the scope of being subject to rapid hearing and taking temporary measures to guarantee fundamental rights. The case that recognizes the responsibility of the state for the safety of private enterprise workers and the case that the right of entitlement to subscribers can not be infringed for the financial soundness of unemployment insurance contain legal concerns about the role of the state. In relation with urban planning, was widely accepted the margin of appreciation in decision of the administrative authority. In the so-called blacklist case for the safety of sports arenas, it strengthened the requirements for handling personal information despite the public interest. On the other hand, It focused more on securing the right to know for Presidential election accounting documents case. As the cases of France, the expansion of the scope of administrative trials is inevitable. Our administrative justice system also needs to be reorganized in a way that secures substantial independence and professionalism