Décision judiciaire de Conseil d'Etat, 30 septembre 1991 (cas Conseil d'Etat, 4 / 1 SSR, du 30 septembre 1991, 37343, mentionné aux tables du recueil Lebon)
Date de Résolution: | 30 septembre 1991 |
Juridiction: | Conseil d'etat |
Nature : | Décision |
Vu la requête, enregistrée au secrétariat du Contentieux du Conseil d'Etat le 16 septembre 1981, présentée pour le SYNDICAT NATIONAL DES ARCHITECTES DES BATIMENTS DE FRANCE, dont le siège social est ..., représenté par son président en exercice ; le SYNDICAT NATIONAL DES ARCHITECTES DES BATIMENTS DE FRANCE demande au Conseil d'Etat :
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) d'annuler le jugement du 7 juillet 1981 par lequel le tribunal administratif de Limoges a rejeté sa demande dirigée contre l'arrêté du 30 novembre 1979 par lequel le ministre de l'environnement et du cadre de vie a nommé M. X..., urbaniste en chef de l'Etat, en qualité de chef du service départemental d'architecture de la Haute-Vienne ;
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) d'annuler pour excès de pouvoir cette décision ;
Vu les autres pièces du dossier ;
Vu le code de l'urbanisme ;
Vu l'ordonnance n° 59-244 du 4 février 1959 ;
Vu la loi n° 77-2 du 3 janvier 1977 ;
Vu le décret n° 46-271 du 21 février 1946 ;
Vu le décret n° 69-825 du 28 août 1969 ;
Vu le décret n° 71-792 du 20 septembre 1971 ;
Vu le décret n° 78-172 du 9 février 1978 ;
Vu le décret n° 79-180 du 6 mars 1979 ;
Vu le code des tribunaux administratifs et des cours administratives d'appel ;
Vu l'ordonnance n° 45-1708 du 31 juillet 1945, le décret n° 53-934 du 30 septembre 1953 et la loi n° 87-1127 du 31 décembre 1987 ;
Après avoir entendu :
- le rapport de M. Sanson, Maître des requêtes,
- les observations de Me Ryziger, avocat du SYNDICAT NATIONAL DES ARCHITECTES DES BATIMENTS DE FRANCE,
- les conclusions de Mme Laroque, Commissaire du gouvernement ;
Considérant que le décret du 6 mars 1979 susvisé institue dans chaque département un service départemental de l'architecture, lui assigne "pour mission de promouvoir une architecture et un urbanisme de qualité s'intégrant harmonieusement dans le milieu environnant" et détermine ses compétences ; qu'aux termes du dernier alinéa de l'article 1er : "le présent décret ne fait pas obstacle à l'exercice, par les architectes des bâtiments de France affectés à chaque service départemental de l'architecture, des pouvoirs propres d'autorisation, d'avis conforme ou d'avis qu'ils tiennent des lois et règlements en vigueur." ;
Considérant qu'aux termes de l'article 9 de l'ordonnance du 4 février 1959, applicable à la date du présent litige : "le fonctionnaire chargé d'assurer la marche d'un service est responsable à l'égard de ses chefs de l'autorité qui lui a été conférée pour cet objet et de l'exécution des ordres qu'il a donnés. Il n'est...
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