RANA
FAWADLEH
EXPROPRIATION IN
FRANCE
WHAT IS
EXPROPRIATION?
* Nationalizing private property compulsorily for public
interests by the state.
* Converting the ownership from private to public towards
achieving the public interest.
 under certain conditions + just compensation
People in the world are seeking for the spread of justice and
human rights. One of the most important rights is the right to
property.
Aforementioned, The right to private property should be
protected. But when the latter is contradicted with the public
interests, which is more likely to be considered?
On one hand, the public interests should take the priority to be
protected if it is contradicted with the private property towards
achieving the social purposes.
For example, if the government decided to build a hospital in a
village, it might have the land necessary to build the actual
hospital but the problem could be that there is no road linking to
the hospital, so the government might need to pave a way to the
hospital.
Imagine if the government intends to buy a piece of land to pave
that way but the owners don’t like to sell their lands!
Basic principle is that the owners are free to decide to sell or not
to sell or to decide to whom to sell and in the price they want.
However, as we see from the aforementioned example, if the
owners refuse to sell the land this will hinder achieving the social
purposes (the Hospital in our example). Therefore, in most
countries there is legislation stipulating that the State right to the
expropriation, which allows the state to take the land despite of
the refusal of the other party.
COMPENSATION
On the other hand, justice requires that the former owner be
compensated for his loss.
DANGEROUS
PROCEDURE
Expropriation is a dangerous procedure on private property
because it limits individual property, thus, most of the
constitutions and basic laws stipulates that this procedure
should be organized by laws and under certain conditions.
FRENCH SYSTEM: THE
RESPONSIBILITY OF THE
ADMINISTRATION
Historical Background
The feudal state had used to be irresponsible for its different acts
and also irresponsible for any fault of its employees. This relates
to the idea which was that era “the king can do no wrong”. This
means that the state is embodied in the king who don’t do any
wrong.
19TH & 20TH CENTURY
But then in the late of 19th
century and the beginning of
20th century, the concept of the
absolute irresponsibility started
to
disappear,
especially,
because the state Interfere in all
of the areas such as the high
taxes under the last French
aristocratic regimes.
“Let them eat cake”
LE ROI NE PEUT MAL FAIRE
France
France as the other states, used to be subjected for the
principle “le roi ne peut mal faire”
* The king as the shadow of God on the earth
ABSOLUTE
AUTHORITY
That lead that the king has an absolute authority for
controlling the state without being controlled from the
judiciary power, because he used to be considered the
source of the justice so he can fix any conflict.
“ADMINISTRATION
RESPONSIBILITY PRINCIPLE”
French Revolution
Separation between the authorities (thanks to Montesquie)
Administration responsibility principle
JURISPRUDENTIAL DEBATE
After that, there was a big Jurisprudential debate about the
responsibility of the executive authority of its acts and the
compensation of its faults, in front of the judiciary, unlike to
the principle of the separation between the authorities.
Flexible separation
between the authorities
Absolute separation
between the authorities
RESPONSIBILITY ABOUT
THE EMPLOYEES
Moreover, historically there had been an idea that the
administration is not responsible for all of its employees,
because this may hinder the administration from its goals.
Thus, it was necessary to separate between the ordinary
courts and the administrative courts. 
SUING THE
ADMINISTRATION
However, some believe that suing the administration may
hinder its acts which aim to the public interest.
They believe, for example, if the administration is sued for
the expropriation of a land this will hamper the public
interest.
SIXTH YEAR OF THE
REVOLUTION
Therefore,
in
the
sixth
year
of
the
revolution,
the
administrative cases was seen by the same authority
(executive authority), that means the administration monitors
itself
(the
central
administration) 
administration
monitor
the
local
After that, the council of the state was established in addition to
the provincial councils. However, the council decisions were
pending on the approval of the head of the state

JUDICIARY
SEPARATION
Then, this situation continued unless the separation between
the ordinary and administrative judiciary.
And so, the council of the state was given the power to
decide on the administrative issues without the approval of
the head of the state.

LOCAL
LEGISLATIONS
AND EUROPEAN
CONVENTIONS
* The First Law related to the expropriation in France was in 8th
March 1810 (thanks to Napoleon).
* It should be noted that all the Legislations and convention
stipulated that the private property should be protected unless it’s
contradicted with the public interest.
EXPROPRIATION
IN LOCAL
LEGISLATIONS
FRENCH
CONSTITUTION
Preamble to the 1946 Constitution
paragraph 9
“All property and all enterprises that have or that may
acquire the character of a public service or de facto
monopoly shall become the property of society.”
FRENCH
CONSTITUTION
Constitution of 4th October, 1958
Article 34
“Statutes shall determine the rules concerning:
nationalization of companies and the transfer of ownership of
companies from the public to the private sector.”
FRENCH CIVIL
CODE
French Civil Code
Art. 545
“No one may be compelled to yield his ownership, unless for
public purposes and for a fair and previous indemnity.”
DECLARATION OF THE
RIGHTS OF MAN AND
CITIZEN
Declaration of the Rights of Man and Citizen
Article 17
“Since the right to Property is inviolable and sacred, no one
may be deprived thereof, unless public necessity, legally
ascertained, obviously requires it, and just and prior
indemnity has been paid”.
EXPROPRIATION IN
EUROPEAN
CONVENTIONS
Charter of fundamental Rights of the European Union
Article 17
“1. Everyone has the right to own, use, dispose of and bequeath his or her
lawfully acquired possessions. No one may be deprived of his or her
possessions, except in the public interest and in the cases and under the
conditions provided for by law, subject to fair compensation being paid in
goodtime for their loss. The use of property may be regulated by law in so
far as is necessary for the general interest.”
European Convention on the Protection of Human Rights and Fundamental
Freedoms
Article 1 of Protocol No. 1
“Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public
interest and subject to the conditions provided for by law and by the general
principles of international law. The preceding provisions shall not, however, in any
way impair the right of a State to enforce such laws as it deems necessary to
control the use of property in accordance with the general interest or to secure the
payment of taxes or other contributions or penalties.”
THANK YOU