Über den Rechtsexport des deutschen Verwaltungsrechts aus französischer Sicht

Abstract

About the Legal Export of German Administrative Law from a French Perspective

The export of German administrative law to France can be studied in the general context of movements of reciprocal influence between national legal systems. There is always ‘structural’ resistance of administrative law, undoubtedly linked to its conditions of creation in France. But even if the origins and shape of French administrative law can be an obstacle to its openness, the confrontation of administrative law with the logic of European law has helped to break its isolation. As can be seen in certain incursions of positive law, the resistance is attacked by the intermediate function of European law. The reception of German administrative law in France is conditional upon the maintenance, if not development, of the knowledge of German legal culture, and by this ‘doctrinal graft’ which is simultaneously situated at the beginning and at the heart of legal import. University research and teaching take part in spreading this knowledge, sometimes against the self-sufficient attitude of the academic world. The Conseil d’État and administrative courts have made remarkable progress in this direction.