CASE COMMENTS: REGULATIONS – FRANCE – AUDIOVISUAL COUNCIL – SANCTIONS – IMPARTIALITY

Impartiality: The French Supreme Administrative Court rules that Article 42-7 of Law no. 86-1907 of September 30th, 1986, which ensures within the French Audiovisual Council an effective separation between the prosecuting and investigating functions on the one hand, and the judging one’s on the other hand, does not violate the principle of impartiality (Comité de défense des auditeurs de Radio Solidarité)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The Act of No. 86-1067 of 30 December 1986 relating to freedom of communication gives the Conseil supérieur de l'audiovisuel (CSA) the power to sanction publishers and distributors of audiovisual communication services who do not comply with the formal notices to comply with the obligations imposed on them by the legislative and regulatory texts and by the principles defined in Articles 1 and 3-1 of the above-mentioned Act. The Constitutional Council, which validated the principle of the institution of administrative sanctions imposed by the CSA in its decision Loi modifiant la loi n° 86-1067 du 30 septembre 1986 relative à la liberté de

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Roman Roussel, Emmanuel Guillaume, Impartiality: The French Supreme Administrative Court rules that Article 42-7 of Law no. 86-1907 of September 30th, 1986, which ensures within the French Audiovisual Council an effective separation between the prosecuting and investigating functions on the one hand, and the judging one’s on the other hand, does not violate the principle of impartiality (Comité de défense des auditeurs de Radio Solidarité), 17 December 2018, Concurrences N° 1-2019, Art. N° 89364, pp. 183-184

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