New Caledonia: administrative courts lack jurisdiction on Bougival Agreement publication

New Caledonia: Administrative Courts Lack Jurisdiction on Bougival Agreement Publication

The French Conseil d'État has rejected appeals filed by the Caledonian Union challenging the Government’s decision to publish the "Bougival Agreement" in the Official Journal of the French Republic.

Case Overview

The Caledonian Union contended that the publication of the Bougival Agreement, a key political document concerning New Caledonia’s institutional future, was illegal. The party argued that such publication gave the text an official status that exceeded its actual political nature.

Court Decision

The Conseil d'État ruled that administrative courts have no jurisdiction to decide on the act of publishing the agreement in the Official Journal. According to the court, the act is part of the Government’s political responsibility rather than a measure that can be reviewed by administrative justice.

Legal Context

The Bougival Agreement was signed to outline a roadmap for dialogue between the French State and New Caledonian representatives following the independence referendums. Publishing it aimed to ensure transparency and inform the public but did not create any enforceable legal effects.

“The publication of a document of political commitment in the Official Journal does not, by itself, constitute an administrative decision subject to judicial review,” the Conseil d'État stated.

Implications

This decision clarifies the limits of administrative jurisdiction in matters rooted in political negotiation. It reaffirms that courts cannot intervene in government acts that relate exclusively to political strategy, rather than administrative law.

Author’s summary:
France’s Conseil d'État ruled that publishing the Bougival Agreement is a political act beyond administrative courts’ authority, reaffirming the separation between political and judicial oversight.

Conseil d'État — 2025-11-26