The Neoliberal Turn of Contemporary French Administrative Law
Résumé
This chapter, honoring Susan Rose-Ackerman’s oeuvre, seeks, on the one hand, to provide a key to understanding certain developments in contemporary French administrative law and, on the other, to contribute to the definition of an ideology: neoliberalism, a concept whose outlines are difficult to grasp, given the varied approaches proposed in the literature. The analysis contrasts two models: the traditional liberal French administrative law, born at the end of the 19th and the beginning of the 20th century, versus the neoliberal framework that arose beginning in the 1980s. It appears that in contemporary French administrative law, neoliberalism encompasses two structural elements: an anti-liberal ideology, on the one hand, and an anti-democratic one, on the other hand. These features profoundly undermine the foundations of French administrative law. Lastly, the chapter emphasizes one specific feature of French administrative neoliberalism: namely that it is a discourse produced by the Conseil d’Etat. Although in most countries neoliberalism is attached to an anti-administrative program espoused by political parties, the French neoliberal program also arose within the administration and is addressed to Parliament. French neoliberalism supports the French anti-parliamentary program.