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The Governments of Europe

Note (Back) — Chapter XVIII

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372. The Council of State.—The most important of the administrative tribunals is the Conseil d'État, or Council of State, a body which once possessed large functions of an executive and legislative character, but whose influence to-day arises almost exclusively from its supreme administrative jurisdiction. The Council of State is composed of 32 councillors en service ordinaire, 19 councillors en service extraordinaire (Government officials deputed to guard the interests of the various executive departments), 32 maîtres des requêtes, and 40 auditors. All members are appointed by, and dismissable by, the President. For purposes of business the body is divided into four sections, each corresponding to a group of two or three ministerial departments, and a fifth section which deals more directly with questions of administrative law. It is the function of the Council to consider and make reply to all questions relating to administrative affairs which the Government may lay before it; and in all administrative cases at law it is the court of last resort. Below it stands, in each department, a conseil de préfecture, or prefectural council, which is the court of first instance in all litigation arising out of the application of administrative law. A specialized function of the prefectural council is the determining of the validity of arrondissement and municipal elections.[504]

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