alt Hacker NewsThat is problem I have personally experienced in France that the administrative justice is bat shit and often being biased and not respecting citizen laws.
I had cases where the official body lied, and the lies where exposed but still it is like they didn't care. Real example:
- opposite side: the memorandum of the accusation was complete enough as you can see they have 90 pages.
- me: what, no, lies, my memorandum is 15 pages as you can obviously see counting the pages.
- decision: rules against me because my 90 pages memorandum shows that the analysis was complete enough.
Another case:
- me: election should be cancelled because not respecting the at least 30% parity law
- opposing party: argument without ground because 1 woman over 6 mans, 1/5 = 40% so please reject the request.
- me: but no, 1/5 = 20% not 40%.
- decision: rejected because more than 30% proved by opposition.
And the worse of all in some decisions "ok, they didn't respect the law, didn't respect the due process, but if they did would have it changed that much the result? Not sure so let's reject the request as without ground..."
But if you over speed the limit, then you will get a ticket in all cases. So it is like not the same justice for everyone.
And something that can explain a little bit why administrative justice is so aweful in France is that judges in this instances are not professional judges but former gouvernement workers that are assigned there. So in the end it is like asking gouv workers to rule against other gouv workers decisions. Totally biased.
In the USA you can get around such administrative batshittery[0] in lower side courts like this one by targeting the competence / career of the judge itself essentially by putting them in catch 22s where the right thing is to do the thing you want. That is usually having cases where an appeal court will cancel their ruling and in that ruling question the competence of the judge to continue being a judge or legal professional, which the battshittery exposes them to that specific risk. This is something you can do more in common law systems vs. the napoleonic courts that France has AFAIK, and the US constitution also helps here too.
This is usually how you get hostile government organizations & staff to do what you want, you need to hit them in the career and figure out how to do so quickly.
[0] batshittery = where they are doing things like ignoring basic logic / reality and other obviously against the law things
This is also, as you know, why france loves it's strikes & protests because the citizenry feel like they have nothing else.