CASE COMMENTS: REGULATIONS - REGULATORY AUTHORITY - POWER TO SANCTION - IMPARTIALITY

Regulatory authority: The French Supreme Administrative Court confirms the annulment of a sanction imposed by the Airport Nuisance Control Authority pursuant to Article L. 6361-14 C. transp. in the version maintained in force by the Constitutional Council until June 30, 2018, on the grounds that the accumulation, by the President of this Authority, of prosecutorial and trial functions disregards the principle of impartiality guaranteed by Article 6 §1 of the ECHR

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. After reaffirming the principle that independent administrative authorities have standing of their own motion before the administrative court, the Conseil d'État confirms the annulment of a sanction decision taken by the Airport Nuisance Control Authority pursuant to Article L. 6361-14 of the Transport Code, in the version maintained in force by the Constitutional Council until 30 June 2018, on the grounds that the cumulation, by the President of that Authority, of functions of prosecution and judgment disregards the principle of impartiality guaranteed by Article 6 §1 of the ECHR (CE, 29 July 2020, Autorité de contrôle des nuisances aéroportuaires, req. no.

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Emmanuel Guillaume, Roman Roussel, Regulatory authority: The French Supreme Administrative Court confirms the annulment of a sanction imposed by the Airport Nuisance Control Authority pursuant to Article L. 6361-14 C. transp. in the version maintained in force by the Constitutional Council until June 30, 2018, on the grounds that the accumulation, by the President of this Authority, of prosecutorial and trial functions disregards the principle of impartiality guaranteed by Article 6 §1 of the ECHR, 29 July 2020, Concurrences N° 4-2020, Art. N° 97666, pp. 201-203

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