CASE COMMENTS: PUBLIC ACTIONS – FRANCE - STATE’S RESPONSIBILITY – PUBLIC UNDERTAKING – ENTREPRENEURIAL FREEDOM

Public undertaking: The French Administrative Supreme Court specifies the conditions under which the State may be held liable for the unconstitutionality of the law for failure to respect entrepreneurial freedom (Paris Eiffel Suffren, Paris Clichy, M. Laillat)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 24 December 2019, the Council of State enshrined the principle of State responsibility for the unconstitutionality of a law found to be unconstitutional on the basis of a priority question of constitutionality. However, in the present case, State liability was not incurred on the ground that the link between harm and unconstitutionality had not been established. The solution is of course revolutionary for administrative litigation and constitutional law (Conclusions M. Sirinelli, AJDA 2020. 7; obs. A. Roblot-Troizier, RFDA 2020. 149; Chron. C. Malverti, C. Beaufils, AJDA 2020. 509). However, it will only be of interest to us insofar as the case in point

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  • University Paris II Panthéon‑Assas

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Francesco Martucci, Public undertaking: The French Administrative Supreme Court specifies the conditions under which the State may be held liable for the unconstitutionality of the law for failure to respect entrepreneurial freedom (Paris Eiffel Suffren, Paris Clichy, M. Laillat), 24 December 2019, Concurrences N° 2-2020, Art. N° 94527, pp. 214-216

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