LIABILITY RESULTING FROM ARBITRATION DECISIONS ISSUED BY INDEPENDENT ADMINISTRATIVE AUTHORITIES “A COMPARATIVE STUDY”
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Abstract
Some independent administrative authorities in the French system and also in the Algerian system have the power to arbitrate between the conflicting parties, and arbitration decisions are issued regarding this authority. However, these decisions may be illegal or cause harm, so the independent administrative authority must be held accountable for these decisions, especially through reporting its responsibility for them.
The liability of the administrative authorities for arbitration decisions could be based on error, and that is if the elements of responsibility of the error, the damage, and the causal relationship between them are available. The responsibility of the independent administrative authorities could also be assumed without error, if the element of damage and its relationship to the legitimate behaviour issued by the independent administrative authority, represented in the arbitration decision, is present.
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References
A-Constitution
- Law No. 16-01 dated 6th March 2016, containing the constitutional amendment, Official Gazette No. 14 dated 7th March 2016.
B- Conventions
- The 1958 New York Convention on the Recognition and Enforcement of the Judgments of Foreign Arbitrators
References II
A- Books
Ahmed El-Sayed Sawy, Arbitration, D.S.T., Technical Foundation for Printing and Publishing, Egypt, 2002.
Essa Amro, New Arbitration in the Arab Countries, Modern University Office, Alexandria, 2003.
A- Articles in journals
Mourad Badran, The investigative nature of evidence in administrative matters, Journal of the State Council, issued by the Algerian State Council, No. 09, 2009, pp. (09-22).
Books
1 .P.Galard, Report on Independent administrative authorities, Parliamentary Office for the Evaluation of Legislation, 2 volumes, n° 3166 AN, nº 404, Sirey, 2006 volume 1.
2. Jean Robert, arbitration of inter-private law, Paris 5 editions 1993 nol1.
3. R. Drago, Responsibility (General Principles of the), Directory of the Responsibility of Public Power, May 2004, No. 43.
4. D.de Béchillon, B. Ricou, Irresponsibility of public power, Directory of the responsibility of public power, 2011, no. 29.
5. Mr. Guyomar, note La Gazette du Palais, May 26th, 2011 No. 146.
6. DE-GUERGUE (M.), “The loss of opportunity in French administrative law”, in Equality of opportunity, the discovery, Recherches, Paris, 2000.
Thesis
Thesis Thomas Pérroud, “The litigation function of regulatory authorities in France and the United Kingdom”, Panthéon-Sorbonne University – Paris I Discipline: Public law, December 6th, 2011.
Journals
- Information report made on behalf of the committee for the evaluation and control of public policies on independent administrative authorities, by MM. R. Dossière and C. Vanneste, volume 1.
2-G. Eckert, “The administrative responsibility of regulatory authorities”, Review of Banking and Financial Law n° 2, March 2009, study 13, n° 16-20.
3-.ZEROUAL (A.), “Hospital responsibility”, Revue EL Mouhamat, n° 02, 2004, p.5.
4-..DEBOUY (C.), "French law on administrative responsibility: metamorphosis or permanence?", CJEG, 1997, p.333.
Interventions
M. Deguergue, “The constitutional sources of the law of administrative responsibility”, in X. Bioy (ss. the dir. of), Constitution and Responsibility, 2009, Montchrestien Lextenso, coll. Major conferences.
Legal Sources
Council of State, Public report, pp. 300 to 305, the Council of State lists thirteen independent administrative authorities by legislative or jurisprudential determination, seventeen which can be attached to this category based on the criteria used and four organizations which the Council attaches to this category, although with hesitation.
Council of State, Ass., November 30th , 2001, Minister of the Economy and Finance c. Kechichian, n° 219562 Recueil Lebon p. 537.
Council of State, February 18th, 2002, Groupe Norbert Dentressangle, n° 214179, Recueil Lebon, table, p. 918.
Article 8 of Law No. 78-17 of January 6th, 1978 relating to data processing, files and freedoms (known as Foyer, J.O.R.F., January 7th , 1978.