Although the public rapporteur is a full member of the administrative courts, he does not belong to the formation of the judgment.
Created by the ordinances of February 2 and March 12, 1831, the master of requests whose function was considered to be that of the public prosecutor. In 1849, he will be called the government commissioner
The Council of State defined its action in an Esclatine ruling on July 29, 1998: Its mission is to “set out the questions that each contentious appeal presents to be judged and to make known, by formulating its conclusions in complete independence, its assessment, which must be impartial, on the factual circumstances of the case and the applicable rules of law as well as his opinion on the solutions called, according to his conscience, the dispute submitted to the jurisdiction to which he belongs "
The European court of human rights Loyen v. France judgment July 5, 2005; Martinie c / France April 12, 2006, ruled that the presence and role of the Government Commissioner was contrary to the right of all citizens to have a fair trial.
From now on, the statutory auditor can no longer participate in the deliberation with the formation of judgment art R. 732-2 of the CJA. But the Council of State made resistance and specified that it could participate in the deliberation unless the parties object to it (Art. 733-3 CJA). And this while before 1930, the CE refused to allow the government commissioner to sit during the deliberations (CE 15 May 1925, Louchard).
In 2009, he changed his name and became the public rapporteur
He is appointed by decree of the vice-president of the Council of State
- For administrative tribunals and administrative courts of appeal: on a proposal from the president of the administrative jurisdiction
- Council of State: on the proposal of the president of the litigation section of the Council of State
- Conflict court (since 2015): 2 rapporteur appointed from among all the rapporteurs by the general assembly of the Council of State and 2 prosecutors appointed by the general assembly of the prosecution
It will be necessary to wait until 2015 for the name to change in the conflict court (LAW n ° 2015-177 of February 16, 2015 on the modernization and simplification of the law and procedures in the fields of justice and home affairs)
The parties may have communication before the hearing of the general meaning of its conclusions and to make their observations by producing notes during deliberation.