Public freedoms and public order within the jurisprudence of the French council of state: from the dialectic of nature to the inevitability of comparison

Abstract EN

In order for the administrative judge to effectively protect the various public freedoms, they must possess a comprehensive vision and an intentional ideology.

this allows them to act as a true guardian against any threats that may impede these freedoms, including exerting control over disciplinary administrative decisions that may restrict them.

while the protection of public freedom is a crucial objective, it often comes into conflict with the preservation of public order, which is equally important.

the exercise of freedom may sometimes exceed legal limits and pose a threat to public order, while a singular focus on maintaining public order can lead to restrictions on freedom.

therefore, the administrative judge must strive to achieve a delicate balance between protecting public freedoms and maintaining public order, with the ultimate goal of reconciling both objectives within the public order.