Décision judiciaire de Conseil d'Etat, 27 juillet 1979 (cas Conseil d'Etat, 3 / 5 SSR, du 27 juillet 1979, 14452)
Date de Résolution | 27 juillet 1979 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DE M. X... TENDANT 1. A L'ANNULATION DE LA DECISION DU 7 MAI 1978 DE LA COMMISSION JURIDICTIONNELLE INSTITUEE PAR L'ARTICLE L. 43 DU CODE DU SERVICE NATIONAL LUI REFUSANT LE STATUT D'OBJECTEUR DE CONSCIENCE ; 2. AU RENVOI DE L'AFFAIRE DEVANT LADITE COMMISSION ; 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'EN VERTU DES DISPOSITIONS DE L'ARTICLE L. 43 DU CODE DU SERVICE NATIONAL, LES DEMANDES PRESENTEES PAR LES JEUNES GENS QUI DESIRENT OBTENIR LE BENEFICE DU STATUT PREVU A L'ARTICLE L. 41 DU MEME CODE SONT SOUMISES PAR LE MINISTRE DE LA DEFENSE A UNE COMMISSION JURIDICTIONNELLE ; QU'AUX TERMES DE L'ARTICLE L. 45 DU MEME CODE : " LA DECISION D'AFFECTATION A UNE FORMATION MILITAIRE NON ARMEE OU CIVILE, OU LE REJET DE LA DEMANDE, SONT NOTIFIES AU MINISTRE CHARGE DE LA DEFENSE NATIONALE ET A L'INTERESSE. DANS LE DELAI D'UN MOIS A COMPTER DE LA NOTIFICATION, LE MINISTRE CHARGE DE LA DEFENSE NATIONALE PEUT, SOIT D'OFFICE, SOIT A LA REQUETE DE L'INTERESSE...
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