الإثبات وأثره في القضاء الإداري: دراسة مقارنة

الملخص EN

Evidence in general has an important place in the administrative judiciary, as the means of proof are an effective tool in achieving justice, the right needs evidence and without this evidence it and nothingness are the same.

For administrative cases in general and for public office cases in particular, and that the administrative judiciary relied on the doctrine of free evidence.

And that the administration, when performing its work, may issue some illegal decisions against the public employee, which leads to its subjection to judicial oversight, and here the control is by the employee to file a case against the administration before the competent courts, and the employee is required to provide evidence of his claim as the plaintiff in the case Which in most cases is devoid of any evidence and thus arises the problem of lack of balance from the two sides of the case, and there are many means that resort to the administrative judge in the proof, it depends on the main means such as written evidence extensively, and in some cases it is not able to the facts directly, and requires the judge Researching all means of proof to reach a solution to the dispute before it in the ence of evidence.

The administrative judge may resort to precautionary means in proof if other means do not help him.

It requires the administrative judge to have a positive role in the case, so he works with his authority to restore the lost balance.

Between the administration as a public authority and the employee, and he is creative in finding serious solutions to the dispute before him by restoring the balance between the two parties to the casei.