The narrow path of a challenge to a score in a contest or … – Village Justice (Blog)

Many students and candidates for examinations and competitions are planning to challenge the marks obtained or
Some form a judicial appeal, but still a minority. only the latter usually gets the annulment of the competition.

in fact, longstanding case law has recognized the principle of sovereignty of the assessment made by the jury.
This assessment is in principle not contestable before the judge of excess of power (see in particular in that EC, 5 October 2007, No. 297 672).

the Council of State, however, tempered this principle.
Indeed, the principle of sovereignty implies respect of objectivity and impartiality of the jury. Thus
and conventionally, the judge censorship note given by a jury in particular is apparent from the file that the applicant was a victim of discrimination.
This is the meaning of the commented stop.

the administrative court of appeal of Bordeaux was able to recall that ‘ (…) it is not for the administrative courts to control neither the number nor the content of his questions, nor the appreciation it concerns the applicant, unless the marks awarded are based on considerations other than the mere value of these benefits or if polling candidate is on a matter unconnected with program (…) ‘.

The Council of State had already provided such precision in 2009 (EC, 17 July 2009, No. 311972).

Under the classical system of burden of proof, it is for the applicant to demonstrate the merits of the application.

So, the student or the applicant will be advised to keep his subject to demonstrate in particular that it was not about the competition program

. References: CAA Bordeaux, February 29, 2016, No. 14BX02407; EC, 5 October 2007, No. 297672; EC, 17 July 2009, No. 311972