By Agnes Braik
Published on
May 2, 24 at 5:56
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Building permits, residence permits, business opening authorizations, the right to demonstrate… Administrative justice judges conflicts between citizens, associations or companies to the administrationwhether it is the Government, local authorities, hospitals, prefectures, etc.
“Everyday justice”
The administrative court de Melun, which covers the territories of Seine-et-Marne and Val-de-Marne (58% of appeals) judged, in 2023, 13,111 cases including 2,448 in emergency (referred). Which represents an increase of 9% compared to 2022. At the same time, the average judgment time has been shortened by 38 days and is now reduced to 11 months.
On Tuesday April 23, on the occasion of the visit of the vice-president of Board of stateDidier-Roland Tabuteau, president, Corinne Ledamoiseltook stock of the activity of its court, which has 10 rooms and 47 magistrates. “It is a local and everyday jurisdiction, independent and impartial,” they underlined.
Environment, education, town planning and regional development, or even the organization of the 2024 Olympic and Paralympic Games are among the crucial themes that administrative judges regularly examine.
To note that mediation administrative has been a new method of dispute resolution since 2017, and that 45 mediations were initiated last year. “This allows the parties to regain control of their dispute, because sometimes the application of the law does not satisfy either one,” believes Corinne Ledamloisel.
Notable files
In recent months, several notable and high-profile cases have been judged in Melun. It’s the case of the terrorist Salah Abdeslam, involved in the attacks of November 13, 2015, who is currently serving his life sentence at the Réau penitentiary center. Place in solitary confinement, the person concerned had filed an appeal for interim relief against this measure. But the collegiate panel rejected this appeal, taking into account, in particular, “the significant potential for his dangerousness, his criminal profile and the facts for which he had been convicted”.
Still in matter, freedoms and fundamental rights of people, the Melun court had challenged the prefectural ban on demonstrations in Melun, in support of Gaza. “We reacted immediately and we judged within a few hours, on Saturday November 11, at 8:30 a.m., for the demonstration which was to take place shortly after,” recalls Corinne Ledamoisel.
Side territory Developmentthe court validated, last June, the building permit issued by the prefecture of Seine-et-Marne to Biogaz, for a methanization unit in Larchant. He considered that the contested file “complied with the rules of safety and health, did not harm the interest of the places, the habitat of protected species or the conservation of the archaeological heritage. »
It also rejected all of France Nature Environnement’s appeals against the Bassée-Montois pilot trap, intended to fight against flooding, considering that the project owner “had paid particular attention to allow the maintenance of populations of the species concerned in the immediate surroundings of the site and in their natural range. »
Regarding accessibility of sports equipment for people with reduced mobility, an association had formulated a summary in January 2024, so that the Grand Parquet and the Mahut stadium in Fontainebleau could quickly be brought up to standard. The judge finally noted that the Pays de Fontainebleau urban community “had taken the necessary measures, from a technical and financial point of view, so that the work in question was carried out before the holding of the Olympic Games. » Consequently, he rejected the association’s requests.
By way of conclusion, let us recall that administrative justice is made up of 42 courts of first instance, 9 courts of appeal (Paris for that of Melun), and the Council of State, supreme judge.
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