|
In France, Italy, Belgium, and some other civil law countries, a circulaire (French), circolare (Italian) or omzendbrief (Dutch) consists of a text intended for the members of a service, of an enterprise, or of an administration. Within the French and Belgian civil service, a ''circulaire'' originates from a ministry with the aim of giving an interpretation of a legal text or of a regulation (a decree, ''arrêté'' or Royal Order), with a view to applying such a regulation consistently. As such, a ''circulaire'' depends on the general principles of law, but carries more weight than mere administrative acts. ''Circulaires'' provide recommendations: they apply only to employees of the civil service. In certain cases, ''circulaires'' introduce new rules (''circulaires réglementaires''); such that under certain conditions one can appeal against abuse of power. The body of jurisprudence relating to ''circulaires'' has developed extensively. In principle, ''circulaires'' exist only to comment on existing law and to explain its application in concrete terms. The contentious side of ''circulaires'', of ''notes de services'' and of ''instructions'' has brought about several legal responses, varying according to several criteria and according to the type of text involved: * the regulatory nature of the text〔 Refer (amongst a plethora of cases) to CE 29 January 1954, Assemblée, Institution Notre-Dame du Kreisker, Rec. 64, concl. Tricot 〕 * the character of the measure of internal administration * the regulatory power of Ministers within their Departments〔 See CE 7 February 1936, section, Jamart, Rec. 172. 〕 * Government decisions The ''Conseil d'État'' (French) or ''Raad van State'' (Dutch) thus far retains a unique criterion for determining whether to bring a disputed decision in front of a judge: the imperative character of the decision.〔 (CE 18 December 2002, Section, Mme Duvignères, N° 233618 ). See the conclusions of Madame Pascale Fombeur in RFDA 2003.280. 〕 If this condition applies, judges examine the legality of the text. This has been the case for the Peeters directive in Belgium, restricting the use of French in officially Dutch-speaking municipalities. == References == 〔 pt:Circular 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「circulaire」の詳細全文を読む スポンサード リンク
|