Developments in French Administrative Law 2013
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Abstract
The work examines the principal novelties that occurred during 2012 in the field of French administrative law. Among others, the issues examined include certain problematic aspects relating to (a) the cognizance of the administrative judge in relation to the application for execution of an arbitral sentence regarding international trade and the scaling down of the de facto theory; (b) public contracts with specific reference to unilateral withdrawal for reasons of general interest of an excessively long public utility concession; (c) the principle of the continuity of the public utility in relation to the right to strike and the related competence of regulatory power; (d) the notion of natural public domain and the extension of jurisdictional control with regard to the declaration of public utility; (e) the liability of the administration, in particular in a case involving the responsibility of a hospital for the implant of a defective product in a patient.