00:00In fact, the company Sassilor Lormine, holder of mining concessions in Lorraine, was involved in various disputes, particularly concerning the exploitation
00:07of these concessions.
00:09She challenged certain administrative decisions relating to mining rights before the Council of State.
00:14She argued, in particular, that her right to an independent and impartial tribunal, guaranteed by Article 6.1, had been violated.
00:20of the ECHR.
00:22Legal issue. Is the combination of the advisory and adjudicative functions of the Council of State compatible with the requirement
00:28of an independent and impartial tribunal as stipulated by Article 6.1 of the ECHR?
00:33Solution. The European Court distinguishes between situations.
00:37She does not consider that the mere combination of the advisory and judicial functions of the Council of State automatically entails a
00:43violation of article 6.1.
00:44However, it notes a violation concerning the participation in certain functions of a State Councillor who had previously
00:51held an important position at the Ministry of Mines in a case concerning mining rights issues.
00:57Scope. The ruling confirms that French administrative justice must respect European requirements of independence and impartiality.
01:04The institutional accumulation of functions within the Council of State is not, in itself, contrary to the Convention, but
01:11Specific circumstances may create legitimate doubt about a judge's impartiality.
