Conference on 28 June 2016
Since two assembly decisions of the Conseil d'État of 21 March 2016, the flexible law acts of the regulatory authorities may 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 appeal. This development in case law, which guarantees greater legal certainty for economic operators, raises numerous questions as to the extent of the court's review. Nevertheless, it enshrines the intervention of regulators by means of flexible law, while providing a framework for their regulatory activity.