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What is the right to control over the administration?

Verified 03 February 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The right to control allows you to ask the administration to perform a check to obtain validation of a practice or to correct it.

For example, a real estate agent can ask the DGCCRF: titleContent control its business practices.

All administrations are concerned: State service, territorial communitybody responsible for a public administrative service task.

Your request must specify the points to be checked.

The guarded silence by the administration for 2 months means that your application is accepted.

Some requests are not accepted:

  • Ask for bad faith. For example, a request that is clearly unjustified.
  • Application that impairs the operation of a service
  • Application which makes it impracticable for the administration to carry out its control program
  • A request that depends on specific control rules. For example, in tax matters for a company.
  • Application for supervision in criminal proceedings
  • Application for review by a court. For example, the Court of Auditors.

The administration must carry out the check within a reasonable time, depending in particular on the complexity of the texts to be checked.

The right to enforceability of control allows you to protect yourself in the event of a change in the administration's position.

For example, a real estate agent who has reached a favorable conclusion to a control may use that favorable conclusion if the administration changes its position subsequently.

The right to third-party effectiveness of the control relates to the controls begun since August 11, 2018..

The right to third-party effectiveness of control shall apply subject to the following reservations:

  • Compliance with international conventions
  • Respect for the rights of others
  • Risk to public health, safety of persons and property, environment
  • Conclusion of the control no longer applicable. For example, the applicable regulations have been changed or your situation has changed.