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Grandeur et petitesse de la réponse ministérielle

Abstract : Although they are in principle devoid of any legal value, in that they cannot be invoked or challenged before the judge, ministerial replies can be of great practical importance. Those who consult them are naturally tempted to give them the greatest credit, thinking that the interpretation they contain is in some way the official interpretation of the texts. For this reason, it would be preferable if they were legally reliable. However, as the commentaries that sometimes accompany them in law journals show, they are of very uneven quality. Some are undoubtedly useful in that they shed light on positive law: they can faithfully set forth the law, explain the reasons for it and its implications, or highlight the difficulties associated with its application. But many others are much more questionable in that they risk misleading the reader who would too easily place their trust in them: one ministerial response may set forth the state of the law in an erroneous manner by stating categorically an interpretation that has in fact been disputed, while another may exaggerate the significance of a case law, and yet another may correctly describe the positive law at the time it is published but be quickly contradicted by the judge.
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Submitted on : Wednesday, January 26, 2022 - 10:54:43 AM
Last modification on : Thursday, January 27, 2022 - 3:34:59 AM

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Laurent Seurot. Grandeur et petitesse de la réponse ministérielle. 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.167-184. ⟨hal-03543686⟩

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