While the right to housing is not formally acknowledged by the French constitution, several national statutes recognize various aspects of this right: France is also a signatory of the European Convention for the Protection of Human Rights.Īt international level, France has ratified the ICESCR, which guarantees the right to an adequate standard of living, including housing (article 11). The law of 5 March 2007 institutes an enforceable right to housing.Īt European level, France has signed and ratified the revised European Social Charter, accepted article 31 and has also ratified the Additional Protocol providing for a system of collective complaints (although it has not yet made a declaration enabling national NGOs to submit collective complaints for verification). Paragraph 11 of the Preamble of the 1946 Constitution states that “All people who, by virtue of their age, physical or mental condition, or economic situation, are incapable of working, shall have the right to receive suitable means of existence from society”. The right to housing is not specifically included in the French Constitution, although it has been recognised as an “objective of constitutional value”. Main sources: Légifrance website and the AITEC Study, “Face à la crise du logement, comprendre et intervenir” (2009) + Housing Rights Watch. (Source: Cahiers scientifiques du Transport 1995) This belief has, however, become meaningless in light of recent developments.įrench cities have experienced two notable transformations: “metropolization” and internationalization. It is in this context that the idea that there is a hierarchy of French cities emerged. Some consider that Paris has hypertrophied. This was due primarily to declining fertility, lower levels of immigration, and the decreasing number of inhabitants in the countryside. Around 1982, cities started to contract and peri-urbanization began to occur. Smaller cities benefited the most from this movement. This trend continued and accelerated for nearly a century, until 1975.īeginning in 1975, another trend emerged: the rural exodus fell from 60% to 30% and migratory movements between cities began to occur. Technological changes in agriculture triggered a rural exodus beginning in the 1860s. Until the nineteenth century, demographic growth resulted primarily from a natural balance, through externally stimulated growth. In the twentieth century, the urbanization rate had already risen to 25%, reaching 31% in 1931 and 74% in 1990.
On the eve of the French Revolution (1789), one out of five Frenchmen lived in a city.
Only in the fourteenth century did an urban consciousness begin to emerge: cities became connected to one another and assumed new (economic, cultural, and social) roles. The nineteenth century would contribute a number of mining towns, and the twentieth century so-called “new” (i.e., residential) towns. In this period, what mattered was not a city’s population or economic role, but the political role it played in organizing the surrounding countryside. Most its present-day cities already existed in Gallo-Roman times. Stragiotti, La France des Villes: Le temps des métropoles? (Bréal, 2000)įrench cities are often very old.
HABITAT FOR HUMANITY INTERNATIONAL (HFHI).INTERNATIONAL ALLIANCE OF INHABITANTS (IAI).The article presents an analysis of the characteristics of French administrative justice as a problem-solving justice and questions the limits of this approach and its future evolution. Yet there are also many tools that allow the judges to solve the problems through their court decisions. Many of these tools and practices concern the implementation of alternatives to judgments that allow the parties to find an amicable solution, often with the help of the administrative judges. The article investigates how the intervention of the French legislator and administrative case law have gradually developed legal tools and practices aimed at solving problems. The question may arise however, whether this is also the case in the field of administrative justice, which has a specific purpose directing it to verify whether the decisions of public administrations are legal and to quash them when they are not. France has a culture of problem-solving justice that is particularly evident in the field of criminal justice.
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