تحول القضاء الإداري في مجال إثبات الإنحراف بالمصلحة العامة

الملخص EN

The legislator and the administration possess wide privileges and discretionary powers that may be a pretext to achieve goals that are devoid of the public interest, in light of their actions enjoying the presumption of validity and legality.

In light of this possibility, the problem arises of the difficulty of proving the deviation of the authority from the public interest in the event of an appeal before the administrative judiciary, since these decisions issued by the authority may be sound in terms of form and content, but they are tainted by a personal defect related to the intentions or the intentions of the body or the person who issued them.

Therefore, the study tries to reduce the difficulty of proving the defect of deviation in authority in order to highlight its specificity stemming not from merely its concealment and accuracy, but through the diversity of methods of proving it and the implementation of the evidence learned of the internal and external circumstances surrounding its issuance.

The study concluded that the proof should focus on the extent to which the issuing authority violated the decision to the spirit of the public interest, given the transformation that the administrative judiciary has defined in the field of not relying on the precautionary characteristic of the defect of deviation, and considering it as an independent defect in its own right that can be made public order.