Décision judiciaire de Conseil d'Etat, 21 décembre 1979 (cas Conseil d'Etat, 3 / 5 SSR, du 21 décembre 1979, 17892)
Date de Résolution | 21 décembre 1979 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DE M. X... TENDANT : 1. A L'ANNULATION DE LA DECISION DU 20 MARS 1979 DE LA COMMISSION JURIDICTIONNELLE INSTITUEE PAR L'ARTICLE L. 43 DU CODE DU SERVICE NATIONAL LUI REFUSANT LE BENEFICE DE L'ARTICLE L. 41 DU MEME CODE ; 2. AU RENVOI DEVANT CETTE COMMISSION ; 3. AU SURSIS A L'EXECUTION DE LA DECISION ATTAQUEE ; VU LE CODE DU SERVICE NATIONAL ; L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; LA LOI DU 30 DECEMBRE 1977 ;
CONSIDERANT QU'AUX TERMES DE L'ARTICLE L. 41 DU SERVICE NATIONAL : "LES JEUNES GENS QUI, AVANT LEUR INCORPORATION, SE DECLARENT, EN RAISON DE LEURS CONVICTIONS RELIGIEUSES OU PHILOSOPHIQUES OPPOSES EN TOUTES CIRCONSTANCES A L'USAGE PERSONNEL DES ARMES PEUVENT ETRE ADMIS A SATISFAIRE AUX OBLIGATIONS DU SERVICE NATIONAL, DANS LES CONDITIONS PREVUES PAR LA PRESENTE SECTION" ; QUE L'ARTICLE 42 DU MEME CODE DISPOSE QUE "LES JEUNES GENS QUI SOUHAITENT SE VOIR APPLIQUER LES DISPOSITIONS DE L'ARTICLE L. 41 DOIVENT ADRESSER A CETTE EFFET AU MINISTRE CHARGE DE LA DEFENSE UNE DEMANDE ASSORTIE DES JUSTIFICATIONS QU'ILS ESTIMENT UTILES" ; QUE L'ARTICLE 43 PREVOIT QUE "CETTE DEMANDE EST SOUMISE A UNE COMMISSION JURIDICTIONNELLE" ; CONS. QU'IL RESSORT DES PIECES DU DOSSIER SOUMIS AUX JUGES DU...
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