In administrative law matters not addressed in this dictionary, a "circular" is an internal organization to note issued by a service official who leads the department (Ministerial Circular, Circular interdepartmental Prefectural Circular, Circular of the Director of a decentralized service. ACOS as or as a Social Security Fund..). circulars do ordinary not intended for users, it can not be appealed conrtentieux. However tribunals recognize the existence of regulatory circular character whose legality may be reviewed by legal action. In this regard he cited the decision of the Council of State that "the interpretation, by including, circulars or instructions, the administrative authority gives laws and regulations it's mission implement is not likely to be referred to the judge's abuse of power when, being devoid of a mandatory nature, it can not, whatever is well founded, complain, in contrast, the mandatory provisions of a general nature of a circular or instruction must be viewed as adversely, that the action brought against them should be allowed especially if the provisions set in the silence of the texts, a new rule marred by incompetence or it is rightly argued that the interpretation they require to adopt misunderstands the meaning and scope of legislation intended to clarify it "( State Council - 8th and 3rd sub-sections combined - January 13, 2010, No. 321,416, Legifrance). The court Civil steps on this administrative case law. And the Social Chamber of the Court of Cassation quashed the decision of a Court of Appeal relied on flyers lack of normative effect, and therefore violated the texts that the appeal shall be founded she had been asked (2nd Civil Chamber February 18, 2010, appeal: 09-12206, Legifrance).
The word is often used in some large companies that manage a large staff sometimes geographically dispersed across departments, or in one or more subsidiaries, branches or agencies. These circulars can also be called "Memos". As governments public, they contain instructions that address the management staff department heads or employees who are under their authority.
See also: Legislation. Texts
Decree No. 2009-471 of 28 April 2009 concerning the conditions for issue instructions and circulars.
0 comments:
Post a Comment