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Conseil d'État

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The Conseil d'État (council of state) is an organ of the French national government. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice.

The Conseil d'État is headed by a vice-president. Its members are generally former graduates of the École Nationale d'Administration.

The Conseil is divided into 6 sections:

The litigation section (section du contentieux)

This section is the supreme court for the system of administrative justice. It hears both recourses against decrees and other executive decisions from the President of the Republic and the cabinet ministers, as well as appelate cases from lower administrative courts. Its decisions are final.

In some cases, it is unclear whether a case should be heard before administrative courts or judiciary courts. In this case, the tribunal des conflits, made of equal number of members of the Conseil d'État and of judges from the Cour de Cassation and presided by the Minister of Justice is summoned

The section of the report and studies (section du rapport et des études)

It writes the annual report, conducts studies and helps in ensuring the proper execution of litigation decisions.

The other administrative sections

The finance section (section des finances), interior section (section de l'intérieur), social section (section sociale), public works section (section des travaux publics) reviews all ordinances, all statute projects drafted by the Council of Ministers as well as all decrees for which that review is compulsory (décrets en Conseil d'État). Such reviews are nonbinding, but they are cumpulsory.

The Conseil d'État may also review legal problems adressed to it by the Ministers. It is also charged with the inspection of administrative courts.