Partielo | The end of the unilateral administrative act.

Definition

Abrogation

Abrogation is the act by which the administration decides, explicitly or implicitly, to terminate the existence of all or part of a previous act for the future.

CE, July 8, 1988, Prime Minister v/ SABDEC: the administration can without any time limit: Withdraw a decision granting a subsidy when the conditions for its granting have not been respected

CE Sec., October 12, 2009, Fontenille: the administration can without any time limit, repeal a decision creating rights whose maintenance is subject to a condition that is no longer satisfied

CE ass., October 26, 2001, Ternon: The administration can only repeal or withdraw a decision creating rights if it is illegal and if the repeal or withdrawal occurs within a period of 4 months following its enactment

CE sect., March 6, 2009, Coulibaly: The administration can only repeal or withdraw a decision creating rights if it is illegal and if the repeal or withdrawal occurs within a period of 4 months following its enactment

CE sect., November 6, 2002, Soulier: pecuniary advantage is a criterion for identifying a decision creating rights.

CE sect., November 29, 2002, Assistance publique Hôpitaux de Marseille: An advantage obtained by fraud is unworthy of protection, exception to the impossibility of repealing or canceling acts creating rights after 4 months

CE ass., October 21, 1966, Graciet Society: When the regulation had not received effective application, the regulatory act could be withdrawn at any time and for any reason

CE sect., November 14, 1958, Ponard + CE, April 15, 1988, Le Tahiti Civil Society: when the regulation had received effective application, it could only be withdrawn for illegality and within the time limit for contentious appeal

CE section, May 6, 1949, Bourgeois Society: Regulations are freely removable and, more broadly, modifiable

CE, sect., Despujol, January 10, 1930: New legal or factual circumstances allow for the request for repeal or amendment of a regulation against which the time limit for appeal has expired, and in case of refusal, to challenge it within the new time limit for appeal that it opens.

CE ass., January 10, 1964, National Union of Library Executives: The administration, seized of a request for repeal of an illegal regulation by an interested party, cannot reject it as this request is not subject to any time limit

CE sect., November 6, 1959, Coopérative laitière de Belfort: Refusal to establish an obligation to repeal regulations that are illegal from the outset in order to avoid establishing a procedure that would allow circumvention of the expiration of the contentious appeal period

CE ass., February 3, 1989, Alitalia: General obligation to repeal illegal regulations

CE, October 10, 2013, French Gymnastics Federation: The obligation to repeal ceases in the event that, due to a change in legal or factual circumstances, an illegal regulation becomes - or becomes again - legal

CE opinion, May 9, 2005, Marangio: While waiting for the repeal, the administration has an obligation not to apply the regulation tainted with illegality

CE sect., November 30, 1990: Association les Verts: The repeal of non-regulatory non-creative acts is mandatory, without any time limit, if they have become illegal due to a change in legal or factual circumstances, unless the act becomes legal again

Key points to remember:

Regime of repeal/withdrawal of acts creating rights: The administration can only repeal or withdraw a decision creating rights if it is illegal and if this repeal occurs within a period of 4 months following its enactment. Article L.242-2 of the CRPA confirms the case law, providing 4 exceptions: --> It is possible at any time to repeal/withdraw an act creating rights if it is done at the request of the beneficiary (Articles L.242-3 and L.242-4 of the CRPA) --> The theory of the contrary act --> Acts that are illegal due to violation of European Union law --> Conditional decisions (Article L.242-2 of the CRPA)

Regime of withdrawal of regulatory and non-regulatory acts: - The administration can only withdraw a non-regulatory act that does not create rights if it is illegal and if the withdrawal occurs within four months following its enactment (CRPA, art. L. 242-3). --> However, a measure with a punitive character imposed by the administration can always be withdrawn (CRPA, art. L. 243-4), as well as decisions obtained through fraud (Art. L. 241-2 CRPA) - The administration can only withdraw a non-regulatory act that does not create rights if it is illegal and if the withdrawal occurs within four months following its enactment (CRPA, art. L. 242-3).

Regime of repeal of regulatory and non-regulatory acts: - A regulatory or a non-regulatory act (except for ab initio illegality) that does not create rights can, for any reason and without any time limit, be modified or repealed, subject to, if necessary, the enactment of transitional measures under certain conditions (Article L. 243-1 CRPA), unless the illegality has ceased --> repeal of regulations is an obligation for their author when they are illegal, but also when they no longer serve a purpose (Art. L. 243-2 CRPA)