Council of State Decision no 356813 of 07 May 2014

Citation: 

Council of State, 3rd / 8th SSR, 07/05/2014, 356813

Date:

07 May 2014

Link: 

https://www.legifrance.gouv.fr/ceta/id/CETATEXT000028908367?tab_selection=all&searchField=ALL&query=Conseil+d%27%C3%89tat%2C+3%C3%A8me+%2F+8%C3%A8me+SSR%2C+07%2F05%2F2014%2C+356813&page=1&init=true

Summary: 

The case demonstrates attempts by local authorities to regulate private schools without State contracts where the legislation supports the liberty of establishment of private schools. By interpreting the grounds under the Education Code as exhaustive list, the decision of the court restricted the regulatory capacity of the State to grant license only to those educational establishments that fulfils the safety guidelines of the municipality. Thus, the Court failed to innovatively construct the provision to regulate with the view to bar non-qualifying private educational establishments from entering the sector

Abidjan Principles: 

Overarching Principle 4; Guiding Principle 14,51,54,55  

Country:

France

Court:

The Council of State