프랑스 행정소송법전상의 조정제도의 시사점

Administrative mediation in France is defined as a structured process that attempts to reach consensus in order to, in the administrative field, refers to the field of application of administrative law as a public law. The ‘mediation’ in administrative litigation has been inserted into Articles L213-1 to L213-10 of the Law Part of the Administrative Litigation Code and the Enforcement Decree. Meanwhile, The legislations concerning the concilation were abolished. The speciality of administrative mediation is that it can settle disputes by reconciling the public interest, prerogative and privileges of public authorities or privileges that deviate from the common law with the rights and freedoms of individuals, citizens, agents or service providers. Administrative mediation is different from mediation in civil litigation, which is a judicial compromise that presupposes equality of relations, because, like in administrative procedures, the administration performs citizen participation and information provision in a superior position. The litigation on the objective legality that corresponds to our appeal litigation is not subject to mediation. The purpose of mediation itself is different from civil lawsuits in which the purpose of mediation is peaceful compromise of rights and interests. Therefore, it is logical and reasonable to set the administrative mediation regulations separately in the Administrative Litigation Act or as a special law from a logical and rational standpoint. It would be better to take more time and carefully examine the issue of introducing mediation in the legality litigation. First, consider expanding the subject of party litigation and introducing mediation in party litigation. It is necessary to keep in mind that this is a lawsuit that resolves disputes by harmonizing the privileges of public authorities with the rights and freedoms of individuals, citizens, agents, or service providers.