Le droit de consulter le dossier en procédure administrative, pénale et civile

In procedure, the right to consult the file is of fundamental importance, and the ability of the parties to take a useful position largely depends on it. However, regardless of the applicable procedural law, access to the file may be subject to restrictions in the presence of a public or private interest. This study thus focuses on the extent of the right to consult the file and the conditions under which these restrictions may be imposed.

To this end, the author conducts a cross-sectional study and compares the applicable regimes according to the PA, CPP, CPC, and LTF, taking into account the imperatives posed by constitutional and conventional law (art. 29 al. 2 Cst. and art. 6 § 1 CEDH). The first part is dedicated to defining the general scope of the right to consult the file. The second part, which is abundantly illustrated by jurisprudence and the practice of the authorities, focuses on the conditions for imposing a restriction, notably regarding the principle of proportionality. Finally, the third part addresses the consequences of the restriction, whether it is imposed in compliance with the conditions outlined above or whether it constitutes a violation of the right to consult the file.