مجلة حقوق الإنسان والحريات العامة
Volume 10, Numéro 1, Pages 1-19
2025-07-15
Proportionality As A Facet Of Judicial Review Of The Appropriateness Of Administrative Decisions (the French Experience As A Case Study)
Authors : Douidi Aicha .
Abstract
Historically, administrative judges have refrained from reviewing the administration’s assessment of the significance and gravity of the facts leading to its decisions, as well as the proportionality between the reasons for the administrative decision and the actions taken on its basis. This was justified by the notion that the administration has the autonomy to assess the appropriateness of its decisions without judicial intervention. However, this principle has recently been called into question. Judges have expanded their review to include aspects of reasonableness through proportionality review, particularly with respect to decisions affecting individual rights and public freedoms, as seen in disciplinary matters or administrative decisions related to public regulation. Consequently, proportionality is a crucial aspect of reasonableness in administrative decisions, aiming to achieve a balance between the effectiveness of administrative action and the requirements of safeguarding the rights and freedoms of individuals.
Keywords
Keywords: Proportionality review, administrative judiciary, appropriateness review, administrative policing, disciplinary sanctions.
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