نظارت قضایی بر قانونی بودن تصمیمات پلیس اداری در فرانسه

Administrative police as a concept for maintaining public order was born in French law to secure public security, public health, public tranquility and human dignity. Considering it as a guarantee for rights and freedoms and hence the internal peace in the society would be no exaggeration. It is of great importance to exert judicial control over administrative police’s actions and decisions. The importance is more obvious hereon due to its administrative responsibility and narrowing the scope of rights and freedoms while exercising police authority.Studying the verdicts of French Council of State (Conseil d'État ) and content analysis both reveal that incompetence (subjective, territorial and temporal), non-adherence to administrative procedures or violating defense rights are some reasons that may cause the annulation of decisions. Proportionality as a well-shaped principle provides proper criteria for evaluating legality by deliberating the existence of potential threat for public order and the necessity of decisions.

کلیدواژه ها:

پلیس اداری ، نظارت قضایی ، نظم عمومی ، اصل تناسب ، شورای دولتی فرانسه