00:00This ruling concerns the limits of regulatory power and the control exercised by the Council of State over the acts
00:05taken by the political authorities.
00:07In this matter, General de Gaulle had used Article 11 of the Constitution to submit to a referendum a
00:12Draft law relating to the organization of public authorities in Algeria.
00:16Following its adoption, an ordinance created a special military jurisdiction, the Military Court of Justice.
00:23This jurisdiction was notably tasked with judging people involved in events related to the Algerian War.
00:28The Council of State has been seized of an appeal against a decision of that court.
00:33The Council of State annulled the order due to its incompatibility with the general principles of criminal law, in particular
00:38the fundamental guarantees granted to persons prosecuted.
00:41Scope of the ruling: This ruling demonstrates that actions taken by executive authorities are not necessarily exempt from legal action.
00:47to the control of the administrative judge.
00:49The Council of State reiterates that even in an exceptional political context, respect for judicial guarantees and principles
00:55General principles of law remain essential.
00:57It also constitutes an important illustration of the control of equality exercised by the administrative judge over administrative acts.
