On what day does the judge judge the legality of an act? [VIDEO et article]

New broadcast

No law student has escaped this and, normally, the rule is so simple that none of them will have forgotten it:

• in “full litigation” (or “full jurisdiction”), the judge assesses the dispute with regard to the legal and factual circumstances existing on the date on which he rules.
• in “appeal for excess of power” (REP), the judge assesses the legality of the act submitted to his censure on the date of issuance of this decision.

But recent years have altered this simplicity… For regulatory acts, in particular (in the event of a request for repeal)… and even in some other cases.

Let’s see this through a video, an article and some sources.

I. VIDEO

Here, first of all, a 5 minute 51 minute video on this subject:

II. ARTICLE

Secondly, here is an article with content close to what is mentioned in the video:

REP: the “dynamic assessment of legality” marks time

III. SOURCES

CE, Ass., July 19, 2019, Association of Accidental Americans, No. 424216; see here our article and this judgment ; CE, S., November 19, 2021, Association of Lawyers Elena France and others, no. 437141, to be published in rec. (see this judgment, an article and a video here; CE, March 2, 2020, No. 422651, at the tables; CE, May 27, 2021, no. 441660, at the tables; CE, December 23, 2020, no. 431520, at rec. ; CE, February 7. 2020, Confédération paysanne, n° 388649; CE Ass. December 17, 2021, No. 437125 ; CE October 7, 2022, National Federation of Physiotherapy Students, No. 438233; CE, Ass., June 12, 2020, no. 422327; CE, Dec 6 2019, Mme X., n° 391000; CE, March 18, 2020, Ile-de-France Region, no. 396651; CE, June 10, 2020, no. 435348; CE Ass. June 12, 2020, No. 422327, 431026; CE June 10, 2021, Mr. G…, n° 431875 ; Law No. 2021-1539 of November 30, 2021 (see ici et To be) ; Council of State, April 26, 2024, One Voice Association, no. 462884, concl. Mr. Frédéric Puigserver, See also, therefore, also, the conclusions of Mr. Frédéric PUIGSERVER, public rapporteur: http://www.conseil-etat.fr/fr/arianeweb/CRP/conclusion/2024-04-26/462884.