Le juge et les études d'impact


Revue Française d'Administration Publique

2014, vol. 1, n°149, pp.179-194

Departments: Tax & Law, GREGHEC (CNRS)

Keywords: Analyse d'impact, Contrôle juridictionnel, Transparence, Données empiriques, Elaboration des politiques publiques, Impact analysis, Judicial review, Empirical data, Public policy-making.

— Court and Impact Assessment — The purpose of this contribution is to explore the role that the courts have to play through Impact Analyses on draft bills or regulatory acts, and especially their frequent interactions. It shows that some of these legislative impact assessment tools improve rationality, democracy, transparency and public accessibility of the decision-making process which is, in the same time, subjected to a more extensive judicial review. Given the increasing use of impact assessment tools by jurisdictions, the latter do not focus only on the result of the decision-making process, but more on the procedure leading to the adoption of the act when they have to pronounce themselves on the legality of a legislative measure. Having systematized the different meeting possibilities between Impact Analyses and jurisdictions, this article then identifies – through a national and international Case Law analysis – their normative consequences. If the inclusion of Impact Analyses in the decision-making process prevent policy-makers from making irrational decisions, we will demonstrate that their progressive integration in judicial review bring judges to decide on solid empirical elements rather than on intuitions or anecdotes. This virtuous process may improve the development of public policies