La portée normative des avis d'expert dans l'élaboration de la décision administrative en matière de sécurité sanitaire

The development of scientific knowledge and the complexity of the issues of health safety have led to increase the use of expertise. The need for transparency following the “scandals” at the end of the last century has led the state to outsource its assessment procedures in health safety, by creating independent agencies. These agencies turn to outside experts because their own staff does not have all the necessary competence. So, the question is: what is the role of these experts in the elaboration of the standards made by the decisions of the agencies? The link between the decision and the expert advice may be almost considered as subordination: the administrative decision becomes stuck by the advice, due to the technical incompetence of the agency. But the circumstances of the administrative decision, especially the situation of scientific uncertainty, can impose a degree of autonomy. If the scope of expert advice seems considerable in certain aspects, it should not hide the full responsibility of policy makers.