The Rights of the Defense as a Guarantee before the Oppressive Authority of Independent Administrative Authorities

Abstract

The sanction, whether administrative or not, always entails deterrence, security or derogation from rights and freedoms and infringes legal positions, those positions cannot be based on suspicion or intuition, but must be based on certainty. The way to do this is to balance the right of independent administrative authorities as protector of economic public order with sanction against the effender To take away from it in the name of society and for its interests, on the one hand, the right of economic aid, accused of administrative violation, to defend itself, is not taken in a sudden. But treachery, and the defense is therefore the most important legal and judicial guarantee for balancing the rights of defense and administrative follow-up by the independant administrative authorities, since justice is not achieved without these elements, a right that highlights its role in the trial stage more than in the investigation stage and the investigation stage. One of the most important general legal principles established by the French State Council in this regard is the principle enshrined in its own texts by these bodies.