23-APR-1993 16:26
BRITISH EMBASSY FARIS
16 1 42 66 91 43
P.13
1.1
10
ON THE IMPOSSIBILITY FOR A FOREIGN GOVERNMENT TO LODGE A
RECOURSE IN THE CONSEIL D'ETAT AGAINST A REFUSAL TO EXTRADITE
1.1.1. One hesitates to recall that the recourse for breach of the law (recours pour excès de pouvoir),
which is essentially a "suit against a decision" (acre) (Lafferriere, Treaty, Second Edition, Vol.
2, p. 561) can be accepted only against an administrative decision (see Chaput, General
Administrative Law, Fourth Edition, no. 859, p. 502 et seq.).
It is, as said by Haurlou, the "means to obtain within the administration and from the
administrazion its own observance of its legality" (Note Hauriou under Consell d'Etat & December
19, City of Avignon, Siray 1903.73).
WOW W KAWY
From the fact that the recourse for breach of the law can be directed only against an
administrative decision it follows that the acts of a public authowity which are sae administrative
decisions are not within the ambit of the recruise for breach of the law because of the lack of
jurisdiction of the administrative courts to examine such decisions (see Chaput no. 991),
The acts of government are within such decisions as are outside the jurisdiction of the
administrative courts.
Although the canne of the cansopt of sets of government has been reluceti, in une domestic fiela,
one cannot seriously say that this category of decisions has disappeared (see for a recent application, Conseil d'Etat 25 March 1987, Goujon, Rec. p. 541 with pleadings by Stirn), in the
international field the concept of acts of government is much larger; all the decisions taken by
the government or one of its members in the course of negotiations concerning the conclusion or
termination of international treaties okulamely oönetimure decisions which are not capabie ví revision by the administrative judges because they arc acts of government (see Consell d'Etat 13