Abstract EN:

The search for the causes of inefficiency of the legal technique of the balance of advantages and disadvantages which was introduced in the year 1971 by administrative jurisdiction leads to a twofold statement. On one hand this instrument seems to lead to a self limitation for administrative judge. In spite the fact, that the technique of the balance constitutes a potentially sophisticated instrument to control the administration effectively, cases are rare, in which its employment lead to an annihilation of a project favoured by national government (in fact only two national projects have been cancelled on this basis during twenty four years) a second reason for the inefficiency of the technique derives from an external factor, which is imposed on the administrative judge. The classical normative powers and the administration in particular, who fear, that the balancetechnique may limit its decision power, reacted in order to short circuit the administrative judge. In this respect, two methods can be isolated : normative creation and normative absorption. Hence a combination of jurisdictional self limitation and external limits imposed by public powers have contributed to hinder the efficient utilisation of this technique.