France: l’application du principe du procès équitable aux autorités administratives. Le récent cas du pouvoir de sanction de l’Autorité de régulation
France: the principle of a fair trial to the administrative authorities. The recent case of the sanctioning power of the Regulatory Authority

Summary/Abstract: The rights to a fair trial provided in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms must be apply by a legally constituted competent, independent and impartial judicial body. A judicial body does not mean that it lonely concern judicial court when facts may give rise to both civil or criminal lawsuits. The right to a fair trial applies to any public authorities vested with power of sanctions. Therefore, national regulation authorities (NRA) set up to perform sector-specific regulation must act with respect to this binding principle. In France, following the decision of 5 July 2013 , wherein the Constitutional Council considered the legal provisions concerning the french NRA in telecommunication sector (ARCEP) power to impose sanctions in the electronic communications sector to be unconstitutional, the NRA has been organized into distinct bodies, each with distinct duties and powers. One body is responsible for settling disputes, legal proceedings and investigations, and one deliberates on decisions to impose or not impose penalties.

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