Effet direct des directives : revirement de jurisprudence

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Par décision solennelle rendue en Assemblée le 30 octobre dernier ((CE, ass., 30 oct. 2009, Mme Perreux, n° 298348.)), le Conseil d’Etat vient de reconnaître la possibilité pour tout justiciable de se prévaloir, à l’appui d’un recours dirigé contre un acte administratif même non réglementaire, des dispositions précises et inconditionnelles d’une directive lorsque l’État n’a pas pris, dans les délais impartis par elle, les mesures de transposition nécessaires.

Par application de la jurisprudence Cohn-Bendit ((CE, ass., 22 déc. 1978, Min. int. c/ Cohn-Bendit : Rec. CE 1978, p. 524)), jusqu’à présent, une personne ne pouvait, à l’appui d’un recours contre une décision administrative individuelle, invoquer directement une disposition d’une directive, même si l’État avait été défaillant dans son obligation de transposition. La directive était en effet considérée comme n’ayant pas d’effet direct sur la situation d’une personne individuelle, puisqu’elle posait des obligations s’appliquant aux seuls États.


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