The actions of the local authorities, in waves, have always been limited by the judge, when they clearly departed from the local public interest. With few exceptions and special regulations.
Sometimes he intervened in labor disputes. or in international relations. Even more recently aids to ships that rescue migrants at sea.
Each time, consistent but meticulous jurisprudence prevails from the administrative judge.
Three administrative courts recently accepted that local authorities assist migrant associations at sea, not on the traditional basis of controlling the local public interest for subsidies, but on the basis of the law on so-called “decentralized” cooperation. Which led to some legal debates about the wording of Article L. 1115-1 of the CGCT…but at least another, older TA decision could loom in the opposite direction. All this in light of an important decision of the State Council of 2016 that is difficult to implement.
Let’s see it all together in this video, 9 minutes 35:
Sources cited in this video, in order of their appearance on screen: CE, October 23, 1989, com. From Pierrefitte, com. From Saint-Ouen, com. From Romainville, rec. 209; M. 1989 No. 622; CE, July 16, 1941, Goussainville Taxpayer Defense Association, rec. s. 133; AD, May 6, 1996, Prefecture of the Pyrenees-Atlantiques, No. 165054); CE, 21 July 1995, Commune of Saint-Germain-du-Puy, No. 157.503; CE, 21 June 1995, Commune of Saint-Germain-du-Puy, No. 157.502; CE, 11 October 1989, Jardin et al., Recommendation. s. 188; CE, 12 October 1990, Cne de Champigny-sur-Marne, rec. tables p. 607; CAA Versailles, 07/19/2016, 15VE02895; European Court of Human Rights, 16 July 2009, Willem v. France, No. 10883/05); Nancy, Referees No. 1802037 and No. 1802039 of December 28, 2018; TA Cergy-Pontoise May 29, 2019 1902445; TA Leon, September 19, 2019 No. 1901999 and No. 1808761 [2 espèces différentes] ; Ta Dijon, October 20, 2020 No. 1902037); Article L. 1115-1 of the CGCT; European Commission, 17 February 2016 No. 368342; b.Decision No. 71-44 ET of July 16, 1971; art. 11 DDHCs; art. 10 European Convention on Human Rights; European Court of Human Rights, 7 December 1976, Handyside v. UK, Series A No. 24; European Commission, 8 July 2020, No. 425926; TA Lyon, Jan. 21, 2016, No. 1308206; TA Paris, 3 Nov. 2011, No. 0917227; TA Montpellier, Oct. 19, 2021, No. 2003886; TA Paris, ii. – Term II, September 12, 2022, No. 1919726; Nantes, 19 October 2022, No. 202012829.
Also, check out two recent articles from us on two different aspects of this issue, among the very many articles on our blog dedicated to this topic: