اختصاص الفصل في النزاعات للسلطات الإدارية المستقلة: سلطة ضبط البريد والاتصالات الإلكترونية أنموذجا

الملخص EN

This study aims to assess the importance of the role played by the authority to regulate postel and electronic communications as a model in the field of dispute settlement, especially in light of the development witnessed by the telecommunications sector, technology and installation that characterize it, which calls for the preference of a controlling authority for the sector to settle disputes arising between its clients.

from it, the following problem was raised: how efficacy is the intervention of the authority to regulate postel and electronic communications in the field of settling disputes as an alternative way to the judge? the results of the study were as follows: considering that the effectiveness of the intervention of the control authority is evaluated by the first, related to the degree of organic independence, including the impartiality available to this authority to settle disputes, the control authority lacks the necessary impartiality.

on the other hand, it is related to the availability of guarantees for a just settlement of the dispute, which are represented in the principle of primacy and the rights of defense.

they are absent at the level of the establishing text, which is law no.

18-04, while it is enshrined at the level of the decision issued by the control authority no.

61 / 2020.