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Courts and Comparative Law$
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Mads Andenas and Duncan Fairgrieve

Print publication date: 2015

Print ISBN-13: 9780198735335

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198735335.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 September 2021

Comparative Law as an Essential Feature of French Public Law

Comparative Law as an Essential Feature of French Public Law

The Influence of the European Union and of the European Convention on Human Rights

(p.234) (p.235) 13 Comparative Law as an Essential Feature of French Public Law
Courts and Comparative Law

Olivier Dutheillet de Lamothe

Oxford University Press

This chapter discusses how the EU and the European Convention on Human Rights have imposed a form of comparative legal pressure on French public law that has led to the development of spontaneous comparative law. The use of foreign law currently takes two major forms in the Council of State’s case law. First, it is often used as an argument by the advocates general that enriches their legal reasoning and supports their opinions. Secondly, foreign case law may be used as a precedent.

Keywords:   EU law, ECHR, French public law, comparative law, foreign law, Council of State, case law, precedent

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