In France, the Conseil d'État (; Council of State) is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice, which is one of the two branches of the French judiciary system. Established in 1799 by Napoleon as a successor to the King's Council (Conseil du Roi), it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France.
Members of the Council of State are part of a Grand Corps of the French State (Grand corps de l'État). The Council of State mainly recruits from among the top-ranking students graduating from the École nationale d'administration.
Composition
A General Session of the Council of State is presided over by the Prime Minister or, in their absence, the Minister of Justice. However, since the real presidency of the Council is held by the Vice-President, the Vice President of the Council of State usually presides at all but the most ceremonial assemblies. This is also done for obvious reasons pertaining to the separation of powers.
Other members of the Council include, in decreasing order of importance: Department heads (Présidents de section) Councillors ordinary (Conseillers d'État ordinaires) Councillors extraordinary (Conseillers d'État en service extraordinaire) Masters of Requests (Maîtres des requêtes) Master of requests extraordinary (Maîtres des requêtes en service extraordinaire) Senior masters (Auditeurs de première classe) Masters (Auditeurs de deuxième classe)
The Vice-President of Council of State is appointed by Order-in-Council on the recommendation of the Minister of Justice and is selected from among the Council's department heads or councillors ordinary. Division heads are similarly appointed and selected from among the councillors ordinary.
Councillors ordinary, masters of requests, and senior masters are appointed based on seniority from the preceding rank. Appointees from outside the Council may include administrative law judges or may come from outside the justice system. Masters are recruited from among the graduates of France's National Administration Academy. The Council sits in the Palais Royal located in Paris.
The Council is divided into 7 divisions: Administrative Claims (section du contentieux) — see below. Report and Studies (section du rapport et des études): writes the annual report, conducts studies and helps to oversee judgments and verdicts are carried out. Finances (section des finances), the Interior (section de l'intérieur), Welfare and Social Security (section sociale), Public Works (section des travaux publics) and Administrative Issues (section de l'administration, created by a March 2008 order) review any and all Cabinet-issued orders and statutory instruments and examine and sign off on all Orders of Council (décrets en Conseil d'État). These reviews, though mandatory, are not binding. The Council of State also studies legal issues and problems brought before the Cabinet. In addition, it is responsible for carrying out administrative court inspections.
History
The Council of State originates from the 13th century, by which time the King's Court (Curia regis) had split into three sections, one of which was the King's Council (Curia in consilium, later Conseil du roi), which too broke up into three distinct parts: the Conseil secret 'Privy Council', the Conseil privé 'Private Council', and Conseil des finances 'Council of Finances'. Reorganized under Louis XIV into two major groupings, the Conseil d'État privé, finances et direction that was the direct ancestor of the Council of State. It brought together legal advisors and experts to advise the King on claims against the Crown. Officially established in 1557, this was the largest of the King's Councils made up of France's High Chancellor, lords of peerage, Ministers and Secretaries of State, the Comptroller-General, 30 Councillors of State, 80 masters of requests, and the Intendants of Finance. The judicial portion of the Council was known as the Conseil d'État privé or Conseil des parties.