Administrative courts%26apos; judicial review with regards to laws pertaining to mandatory treatment

作者：Pechillon Eric^*

来源：Annales Medico-Psychologiques, 2012, 170(10): 706-710.

DOI：10.1016/j.amp.2012.09.013

• Fundamental rights
• Hierarchy of standards
• Jurisprudence
• Qualification legal
• Constraints under care, Litigation strategy

Traditionally, case law has played an important role in the absence of written statues. However, the role of case law is currently changing in view of an increasing diversification of legal norms and of new strategies developed by applicants. Hospitals in charge of mandatory treatment hold a rather atypical position in the legal system. Over the last few years, they have undergone a legal revolution. The traditional legal concepts which formally constituted the very basis of administrative law (such as %26quot;interior order measure%26quot;, %26quot;fault%26quot;, %26quot;patient%26apos;s status%26quot;, %26quot;administrative obligations%26quot;) are now being questioned, which has led to a multiplication of lawsuits and the emergence of a %26quot;psychiatric jurisprudence%26quot;. Such a jurisprudence has forced the Parliament to adapt the statutes that allow for the loss or a reduction of a person%26apos;s freedom. Now decrees, sub-decrees and decisions in individual cases are susceptible to fall under courts%26apos; scrutiny. There is an undeniable need for an increased awareness of these new questions and for more anticipation of these lawsuits. One also needs new statutes which will make legal rules more predictable.

• 出版日期2012-12