الطبيعة القانونية لوقف تنفيذ القرار الإداري السلبي و الحكم فيه و أثره

الملخص EN

The legislator has bypassed the rule that administrative decisions are enforceable even when challenged by cancellation before the administrative court, and allowed the suspension of their implementation as an exception to that rule, in order to achieve a balance between the public interest in the direct and immediate implementation of administrative decisions in order to achieve the regular and steady functioning of public utilities, and between the private interests of individuals, which It requires the provision of judicial protection to them, especially if the court examining the dispute finds, from the surface of the presented papers, the invalidity or legality of the decision in question.

The object of appeal in the case of cancellation, except where there is a legal text expressly permitting it, and the judgment issued to stop the implementation of the negative or positive administrative decision is considered as a temporary cancellation of this decision, if the substantive court finds a justification for this, and this decision does not restrict the judge when he decides in the annulment case Likewise, the refusal of the request for a stay of execution cannot be raised before the court to demonstrate something, unless a judgment of the trial court is issued rejecting the revocation lawsuit.