The article titled “The Evolving Role of the Judge in Ultra Vires Proceedings in French Administrative Litigation,” written by Jean-Luc Matt, a State Councilor at the Council of State of the French Republic.

The article analyzes how the action for abuse of power (recours pour excès de pouvoir), a legal remedy established by the French Council of State, has evolved in recent decades while remaining the foundational remedy of French administrative litigation. It first examines the expansion of the scope of acts subject to challenge, particularly “soft law” instruments that produce significant effects, as well as the limits of this evolution, illustrated by declarations of political intent. The article then analyzes how the injunctive powers introduced in 1995 led the Council of State to develop a dynamic assessment of legality in cases involving refusals to repeal normative acts or to adopt measures of a general nature. The article shows that this approach should not be extended to individual decisions, as the judge must not substitute for the administration. Finally, the article examines the regularization during proceedings of unlawful acts in the areas of urban planning and the environment and warns that the judge must not become one who never annuls.

Keywords: appeal for abuse of power, French administrative litigation, French Council of State, challengeability of acts, soft law, dynamic assessment of legality, powers to issue injunctions, regularization of unlawful acts.