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European Observer on fundamental right's respect

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Case Law 306432/07 (14/12/2007)

Type: Judgment

Authority: National Courts: Supreme Courts (France) - Conseil d'Etat

Date: 12/14/2007

Subject: The Council of State has been called to state if certain decisions of the penitentiary authority concerning the prisoners’ situation (the change of regime of detention, the degrading of work, the decision of the penitentiary authority that subjects a prisoner to «rotations for security reasons», i.e. to frequent change of assignments from one building to another to prevent any attempt to escape) had to be subjected to the control of the administrative judge. Specifying its former case law, the Council of State has clearly stated the principle that, to establish if a category of decisions of the penitentiary administration is subjected to a claim for misuse of power, it is necessary to consider both their nature and the importance of their effects on the prisoners’ situation.

Parties: M. Payet

Original language: French

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal

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