الرقابة القضائية على السلطة التقديرية للإدارة على عيب السبب في مجلس الدولة الفرنسي و مدى تأثر القضاء الجزائري بها

الملخص EN

Legal texts may grant administration the freedom to exercise some of its competences in decision-making for the proper administrative work functioning.

Therefore, administration would be subject to the judge supervision in order to limit the administration arbitrariness when exercising its discretion, to ensure the respect of law from the administration from one side and to protect individuals rights and freedoms, as well as ensuring the balance between administration and individuals on the other one, which led to the expansion of the administrative judge oversight to the adequacy oversight and the discretionary jurisdiction in the administrative decision, which in turn led to the development of the scope of oversight on the discretionary authority actions, by the apparent error estimation oversight, as well as the balance oversight between pros and cons, in order to limit the administration abuse when using its discretionary power.