Décision judiciaire de Conseil d'Etat, 19 mars 1975 (cas Conseil d'Etat, 3 / 5 SSR, du 19 mars 1975, 96484)
Date de Résolution | 19 mars 1975 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DU SIEUR X... MICHEL TENDANT A L'ANNULATION DE LA DECISION DU 3 JUILLET 1974 DE LA COMMISSION JURIDICTIONNELLE INSTITUEE PAR L'ARTICLE L. 43 DU CODE DU SERVICE NATIONAL DECLARANT IRRECEVABLE LA DEMANDE PAR LAQUELLE LE MINISTRE DE LA DEFENSE NATIONALE A PRESCRIT A LADITE COMMISSION UN NOUVEL EXAMEN DE LA DEMANDE DE L'INTERESSE EN VUE DE SE VOIR APPLIQUER LE STATUT D'OBJECTEUR DE CONSCIENCE ; VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; LE CODE DU SERVICE NATIONAL ; LE CODE GENERAL DES IMPOTS ;
CONSIDERANT QU'AUX TERMES DE L'ARTICLE 45 DU CODE DU SERVICE NATIONAL "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, DEMANDER A LA COMMISSION DE PROCEDER AVANT TOUTE INCORPORATION, A UN NOUVEL EXAMEN DE LA DEMANDE" ; QUE LE DELAI D'UN MOIS PREVU A CET ARTICLE EST UN DELAI DE PROCEDURE QUI S'IMPOSE DE RIGUEUR TANT A LA...
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