The Cabinet Briard has practiced French administrative law before the Council of State for over a century (Blanco decision).
Public law comprises the rules concerning the political, administrative and financial organization and functioning of public authorities. These rules govern the relationships between public entities themselves, as well as between public entities and litigants.
The Cabinet Briard regularly handles general administrative law issues, i.e. disputes concerning the legality of decisions adopted by the various French administrative authorities: mayors, prefects, ministers, the Prime Minister, the President of the Republic and independent administrative authorities (Competition Authority (Autorité de la concurrence), Broadcasting Regulatory Council (Conseil supérieur de l’audiovisuel), etc.).
Many cases handled by the Cabinet Briard involve issues of civil service law, whether the national civil service (civilian and military), the civil service of local governments or the civil service of the hospital sector. The Firm also handles cases involving government workers hired pursuant to employment contracts.
The Cabinet Briard has recognized expertise in cases in which a litigant seeks to hold a public entity liable and obtain compensation for loss sustained on the grounds of a breach of duty by the government, or even in cases where there has been no breach of duty.
A major public law practice area of the Cabinet Briard is broadcasting law (licenses to broadcast on television or radio frequencies, subsidies awarded by the national cinema council, etc.). The Firm appears before the Broadcasting Regulatory Council and the Council of State, which has jurisdiction either at first and last instance or as an appellate court.
The Cabinet Briard represents parties who have been granted or refused an urban planning permit, as well as the government authorities that adopt these decisions, at first instance, before the courts of appeals and before the supreme court.
The issues involved may be ordinary urban planning issues (urban planning permits, local urban planning regulations, etc.) or commercial urban planning issues (permits authorizing commercial operations).
Litigation involving energy issues is a significant constituent of the Cabinet Briard practice before the Council of State, acting as an appellate court.
This litigation involves essentially disputes about environmentally-sensitive facilities, wind turbines and stationary nuclear facilities.
The Cabinet Briard assists unsuccessful electoral candidates before the Council of State, which hears these matters as an appellate court (municipal, cantonal, regional and European elections), as well as before the Constitutional Council (essentially, legislative and senatorial elections).
For over 25 years, the Cabinet Briard has handled litigation involving health law issues: marketing authorizations for pharmaceutical specialties, medicine prices, authorizations to create hospitals or physical therapy facilities and hospital beds, medical liability, regulation of products deemed to be health hazards, status of medical personnel, disciplinary proceedings against health professionals, etc.
The Firm was at the origin of the regulation of psychotherapy in France.
Since the early 20th century, the Firm has been active in the social economy and mutual insurance sector. It has contributed to the drafting of successive versions of the French Mutual Insurance Code and provided assistance with the major changes that have accompanied this movement (transposition of life and non-life directives, mergers and restructurings, etc.).
In 2001, the Firm was awarded the Mutual Insurance Recognition medal.
For many years, the Firm has practiced in this legal, accounting and budgetary field, both in an advisory capacity and as counsel before the health and social welfare rate courts (inter-regional health and social welfare rate tribunals (tribunaux interrégionaux de tarification sanitaire et sociale), national health and social welfare rate court (Cour nationale de la tarification sanitaire et sociale).
Over the last two decades, under the influence of European Union law and market regulation mechanisms, France has experienced a significant development of flexible law and economic regulation: financial markets law, regulation of broadcasting, telecommunications, energy and transport, etc. The Firm regularly advises economic operators and, at times, the regulatory authorities, and may also represent them in litigation.
