Information Note on the Court’s case-law 43

June 2002

Chevrol v. France (dec.) - 49636/99

Decision 4.6.2002 [Section II]

Article 6

Civil proceedings

Article 6-1

Fair hearing

Reliance by the Conseil de’Etat on the Ministry of Foreign Affairs for examination of the conditions of reciprocity in application of an international treaty: admissible

In 1987, the applicant, who qualified as a doctor in Algeria, applied to the département council of the ordre des médecins (Medical Association) for registration as a member of the ordre . After an initial refusal based on the provisions of the Public Health Code, the applicant reapplied in 1995, citing Article 5 of the govern mental declarations of 19 March 1962 known as the “Evian Agreements”, which provides for mutual recognition of qualifications obtained in France and Algeria under the same conditions. The département council again rejected her application. Its decision was upheld by the regional council of the ordre des médecins , then by the national council. The applicant applied to the Conseil d’Etat for judicial review of the national council’s decision, on the grounds of abuse of authority.  The Conseil d’Etat asked the Ministry of Foreign Affairs for a preliminary opinion on the provisions of Article 5 of the governmental declaration of 19 March 1962 on cultural co-operation between France and Algeria. The Ministry filed submissions in which it expressed the view that t he constitutional requirement of reciprocity for application of the provisions of Article 5 was not satisfied and that, accordingly, those provisions could not be applied in the applicant’s favour. The Conseil d’Etat dismissed the applicant’s application f or judicial review. It pointed out that it was not for the administrative courts to determine whether the requirement of reciprocity for the application of treaties was satisfied and, on the basis of the Ministry of Foreign Affairs’ submissions, found that the applicant was not justified in relying on the provisions of Article 5 of the Evian Agreements.

Admissible under Article 6 § 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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