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La normativité des réponses ministérielles

Abstract : The topic of the normativity of ministers’ replies to written questions from parliamentarians is not new. It is, however, among the topics on which little has been written in the literature. There is a consensus among legal and political actors that these replies are devoid of any normative value. Excepting ministerial responses in the field of taxation (Art. L. 80 A of the French Tax Procedure Handbook), they are neither opposable to the administration nor triable before the judge. In 2018, Article L. 312-3 of the French Code of Relations Between the Public and the Administration was introduced, which provides for the opposability of ministerial responses under certain conditions. In reality, this Article does not change much in terms of the normativity of ministerial responses. However, responses are not "nothing"; they have a practical role that should not be overlooked, namely that of guiding conduct. Owing to this function, their nature needs to be debated once again, with reference to other concepts such as the normative force and the performativity of speech acts.
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Submitted on : Wednesday, January 26, 2022 - 10:50:36 AM
Last modification on : Thursday, January 27, 2022 - 3:34:59 AM

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Johanna Noel. La normativité des réponses ministérielles. Civitas Europa, Institut de recherches sur l'évolution de la Nation et de l'État IRENEE (Université de Lorraine), 2021, Dossier spécial : les questions écrites au gouvernement, pp.103-116. ⟨hal-03543682⟩

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