The issue of review by
French administrative courts of acts of foreign administrative authorities is
ancient, but has been revived in the context of the European Union. Secondary
legislation adopted under various competences of the EU (internal market,
Schengen area, environment…), use the technique of transnational administrative
acts and thus calls into question the principle of material territoriality of
administrative law. Nevertheless, the French administrative courts remain
attached to the principle of formal territoriality and are very reluctant to
ensure the indirect control of administrative acts of foreign authorities. However,
this solution will have to change in order to guarantee the right to effective
judicial protection.