detournement de pouvoir

detournement de pouvoir

the concept of misuse of powers adopted by European Union law from French administrative law. It is the principal ground of appeal to the European Court of Justice in annulment proceedings against actions of Community institutions and the sole ground for a private individual to appeal against a general Act or regulation. The main issues considered are any fundamental lack of basis and the issue of good faith.
References in classic literature ?
It was our signal, invariably heard by the ever-watchful Dominic, the PADRONE.
I was the harbinger of sudden departures, but there was nothing in the world sudden enough to take Dominic unawares.
A one-eyed giant would not have had the ghost of a chance against Dominic Cervoni, of Corsica, not Ithaca; and no king, son of kings, but of very respectable family - authentic Caporali, he affirmed.
For want of more exalted adversaries Dominic turned his audacity fertile in impious stratagems against the powers of the earth, as represented by the institution of Custom-houses and every mortal belonging thereto - scribes, officers, and guardacostas afloat and ashore.
In that cafe with our heads close together over a marble table, Dominic and I held an earnest and endless confabulation while Madame Leonore, rustling a black silk skirt, with gold earrings, with her raven hair elaborately dressed and something nonchalant in her movements, would take occasion, in passing to and fro, to rest her hand for a moment on Dominic's shoulder.
All formality soon vanished between us and before very long I discovered myself sitting cross- legged, too, while I held forth on the qualities of different Mediterranean sailing craft and on the romantic qualifications of Dominic for the task.
She observed also that she wished to see Dominic some day; to set her eyes for once on a man who could be absolutely depended on.
Le detournement de pouvoir devient ainsi, dans son langage, le detournement d'un droit.
52) L'expression detournement de pouvoir est preferee a celle d'abus de pouvoir, utilisee par les auteurs quebecois, afin de le distinguer plus nettement de l'abus de droit.