The economic consequences of the actions of regulatory authorities

From 5pm to 7pm, followed by a cocktail

The question of the economic effects of administrative acts is not traditionally addressed by positive law, which focuses solely on the legal consequences of acts. Judges, in particular, do not usually concern themselves with this issue.

For some time now, however, this approach has been largely nuanced in the field of public economic law, and more specifically with regard to acts adopted by regulatory authorities.

Thus, since two assembly decisions of the Conseil d'Etat of 21 March 2016, the flexible law acts of the regulatory authorities are liable to be the subject of a contentious appeal "when they are of a nature to produce significant effects, in particular of an economic nature". The economic effect of an act of flexible law has therefore become a criterion for the admissibility of an action.

More generally, the courts are tending to take account of the consequences - particularly the economic consequences - of regulatory acts in the context of their review, with a view to adapting them. The economic effect of a regulatory act is perhaps a criterion for modulating the judge's control over the regulator.

On the occasion of the publication of the Dictionnaire des régulations coordinated by the Centre de recherches sur le droit public de Nanterre (LexisNexis, 2016), Guy Canivet, former First President of the Cour de cassation and member of the Conseil constitutionnel, and Vincent Daumas, Conseiller d'Etat, will address these issues.

INTERVENTIONS :

Taking economic effects into account in regulatory litigation
Guy Canivet | Former President of the Court of Cassation and Former Member of the Constitutional Council

The economic effects of acts of flexible law as a criterion for the admissibility of contentious appeals
Vincent Daumas | Conseiller d'Etat

DISCUSSIONS:
Claudie Boiteau, Professor at Paris-Dauphine University
Laurence Folliot-Lalliot, Professor at the University of Paris Ouest
Arnaud Sée, Professor at the University of Picardie

*** DOWNLOAD THE SYNTHESIS*** (FRENCH)

 Conference organised in cooperation with the Public Law Research Centre of the University of Paris-Ouest Nanterre La Défense