La CEDH estime que l'absence de communication de la note du conseiller rapporteur aux parties ne viole pas les exigences du droit à un procès équitable
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Une association de droit français ayant pour objet de défendre les intérêts d'une commune a formé un recours en annulation contre deux délibérations prises par le conseil municipal. L'association dénonçait l'absence d'équité de la procédure devant le Conseil d'Etat, se plaignant de ne pas avoir reçu communication du rapport du conseiller rapporteur alors que ce document aurait été porté à la connaissance du commissaire du gouvernement. Le 14 février 2008, la Cour européenne des droits de l'homme rappelle que le rapport du conseiller rapporteur devant le Conseil d'Etat ne contient qu'un simple résumé des pièces du dossier que les demandeurs au pourvoi avaient en leur possession. La lecture par le commissaire du gouvernement, ou même la...
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