صفة التقاضي والتمثيل القانوني للدولة في الدعوى الإدارية: صديقين مزيفين

الملخص EN

The condition of the quality to act before administrative justice raises difficulties of a theoretical or conceptual and practical nature, which are due, on the one hand, to the specificity of the administrative action, in particular the action for annulment as an objective remedy aimed primarily at protecting the principle of administrative legality in the state, and secondly, at its overlap with two other conditions, namely, the condition of interest and the condition of legal representation of legal persons governed by public law in particular the state, the latter being often confused with the condition of quality to act, due to the ambiguity and insufficiency of the texts which govern it, on the one hand, and the lack of stability in judicial practice, on the other hand.

this study aims to clarify the concepts of quality to act and legal representation in administrative action in order to draw the borders between these two false friends.