Conseil d’État 30.10.1998 (No. 159444)
Case Lorenzi

30 October 1998

[M. Lorenzi challenges the decision of the Court of Budgetary and Financial Discipline dated 13 October 1993 to impose on him a fine of FF 1,000.]

Given that according to Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms “In the determination of his civil rights and obligations or of any criminal charge everyone is entitled to a … public hearing by an independent and impartial tribunal established by law”, and that the Law of 25 September 1948, which created the Court of Budgetary and Financial Discipline provided in article 23, in force at the time of the decision under attack and now codified in article L.314-15 of the Code of Financial Jurisdictions, that “hearings of the Court are not in public”.

Given that when seised of conduct which may entail the fines provided for in the Law of 25 September 1948 the Court of Budgetary and Financial Discipline must be regarded as determining “a criminal charge” in the sense of the cited article of the European Convention for the Protection of Human Rights and Fundamental Freedoms and must therefore sit in public notwithstanding the terms of the Code of Financial Jurisdictions or article 23 of the Law of 25 September 1948;

Given that as the hearing at which the decision under attack imposed a fine of FF 1,000 on M. Lorenzi was admittedly not held in public, M. Lorenzi is entitled to demand its annulment as being irregular, and that in the circumstances the matter must be remitted to the Court of Budgetary and Financial Discipline;

DECIDES:
1. The decision of the Court of Budgetary and Financial Discipline of 13 October 1993 is annulled in so far as it affects M. Lorenzi;
2. The matter is remanded to the Court of Budgetary and Financial Discipline….

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