CASE COMMENTS: PUBLIC SECTOR (FRANCE) - INDEPENDENT REGULATOR - PROCEDURAL REQUIREMENT - SANCTIONS - RIGHT TO A FAIR TRIAL - GENERAL PRINCIPLES OF THE NATIONAL LAW AND ARTICLE 6-1 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Art. 6.1 ECHR: The French Council of State is reluctant to extend the application of Art 6.1 ECHR to sanctions decided by all independent agencies (Corsair)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, Sect. 31 January 2007, Compagnie Corse Air International (Corsair), n° 290567 Rather than relying on Article 6, §1 of the European Convention on Human Rights, the Council of State relies on the provisions of Article L. 227-4 of the Civil Aviation Code to decide that the person on whom an independent administrative authority is considering imposing a sanction must be aware of all the elements of his case - and in particular the proposed sanction - throughout the procedure which takes place successively before two collegiate bodies (the National Commission for the Prevention of Nuisance and then the Airport Noise Control Authority) Still complex

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Bertrand du Marais, Parfait Houédanou, Art. 6.1 ECHR: The French Council of State is reluctant to extend the application of Art 6.1 ECHR to sanctions decided by all independent agencies (Corsair), 31 January 2007, Concurrences N° 2-2007, Art. N° 13536, pp. 186-189

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