The Gazette 1971

The Conseil is not merely a Court of litigation between individuals and civil servants, but is an organisational organ which has a co-ordinating and reference centre. There are commissions dealing with public works, social security, public service and town planning. Specified matters, such as the drafting of regulations, the creation of religious establishments, and requests for mining concessions are dealt with by the General Assembly of the Conseil. Individual responsibility is provided for by providing a rapporteur who must be an expert on the topic under discussion. In its supervisory functions, the Conseil may regulate the formation and dissolution of corporate bodies and the changing of boundaries of the "communes". It will be recalled that the "tutelle administrative" is effective through powers of the central Government to require local authorities to submit proposed actions for prior approval, and that this has been used like a fine comb in this country. Model rules and model contracts have also to be examined for local authorities : in this respect the Conseil is a high impartial authority free from poli- tical partisanship and from local ties. It also considers whether charitable foundations and associations are of public utility. Duly recognised religious establishments have to receive the approval of the Conseil before accepting a gift of more than £4,200. An example of administrative justice must suffice. Five candidates were refused admittance to the School of Administration on the ground that they were com- munists. Briefly they were successful in their appeal as the Conseil stated that the holding of political opinions permitted by law was not a sufficient ground for exclu- sion. In 1946 and 1947, the Conseil gave no less than twenty-one opinions about constitutional matters. Government Departments are frequently advised by the Conseil about the interpretation of a law. It will be seen that the functions of the Conseil are very wide indeed, and the learned author's research and learning have greatly facilitated the task of providing first-class knowledge upon the most important of all Continental administrative Courts for English readers. CGD

The Administrative Functions of the French Conseil d'Etat by Margherita Rendel; 8vo; pp. 370; London, Weidenfeld and Nicolson, 1971; £3.00 (C.L.S.E. Research Monographs, No. 61). Most of us have vaguely heard of the French Conseil d'Etat, but we are not aware of the functions it per- forms. Dr. Rendel has admirably filled this lacuna, and has given us what will doubtless be the standard work on this intricate subject in English for some time. Dr. Rendel, although apparently not a lawyer, has grasped the principles of French administrative law with an expertise which it would be hard to rival. The Conseil d'Etat was first established by Napoleon in order to draft and interpret laws and resolve admin- istrative difficulties. By an Ordinance of July 1945, its functions were extended to include (i) consultation on all decrees having the force of law, (ii) advice on all administrative problems, and (iii) informing the auth- orities of suggested reforms in legislation and adminis- tration. Fortunately, unlike Irish civil servants, French mem- bers of the Conseil d'Etat are not shrouded in anony- mity and can be made amenable to proceedings. Furthermore the absurd parliamentary rule does not prevail whereby they cannot be named save upon a specific motion. Members of the Conseil may be re- quested to perform other functions, such as Secretary- General of the Government or private secretary to a Minister or to hold legal posts in international organ- isations, but they must subsequently be reinstated. Members of the Conseil, while in office often lecture in law, economics or politics and are examiners for doc- torates in Law. Some members are elected to the Nati- onal Assembly, and, if subsequently defeated, are rein- stated. French civil servants are free to write articles for learned periodicals upon their special competence, but the secret opinions of the Conseil cannot be divulged save by subsequent leave of the Government. Scarman The Scarman Tribunal's marathon inquiry into the troubles which have inflamed Northern Ireland for 21 months is expected to cost about £400,000. Little controversy is expected to result from its final report, but there has been a lot of criticism about the length and cost of the inquiry which is expected to conclude within the next four weeks after an estimated 164 sittings. The tribunal, under Mr. Justice Scarman, will have heard millions of words of evidence concerning violence and rioting in the 41 weeks it has sat. The cost chiefly comprises enormous legal bills paid to the large number of counsel and solicitors engaged throughout the hearing. Such was the unexpected length of the inquiry that Sir Leslie Scarman finally gave up, commuting between

£400.000

Tribunal May Cost

London and Belfast at the end of last year and has since rented a house at Bangor. Had to opt out The two other members of the tribunal, Mr. William Marshall, a Belfast businessman and Mr. George Lavery, had to "opt out" from the hearing in Decem- ber through pressure of business, leaving Mr. Justice Scarman to carry on alone. The report, which is hoped will be released in the autumn, will therefore be in two parts. The first by the full tribunal, will concern London- derry, Belfast and Armagh; all other incidents will be dealt with by Mr. Justice Scarman. The one-volume report is expected to be merely a summing up but one which will debunk myths about heroes.

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