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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
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
£400.000
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.
Tribunal May Cost
98