كتلة الضبط الاداري : بين تقصير سلطة المشرع و ضرورة اجتهاد القاضي الاداري

الملخص EN

Administrative control is an essential activity of the public administration, which is exercised through legal and material measures that restrict and regulate the rights and freedoms of citizens, whenever it senses that there is an infringement on the public order inside the country.

It is an activity that may be described as repressive, if the description is correct, as it affects the freedoms and rights of the citizen, and is devoted to the sovereignty of the state on the other hand, so it was and had to be compatible with legal legitimacy and subject to judicial oversight.

Since one of the characteristics of administrative law is non-codification, we often find the legislator reluctant to build the legal bloc in an integrated manner, including the administrative control bloc as one of its substantive rules, allowing the administrative judge a role in building that shortcoming or interpreting ambiguity, through jurisprudence.

Legislative shortcomings regarding the theory of administrative control may be justified, as it relates to two determinants that are difficult to control legislatively, namely freedom and public order.

Therefore, the intervention of the judiciary has a great and basic justification for building the legal bloc for administrative control.

Thus, the question that we can ask in this research paper: What is the role of the administrative judge in facing the activity of administrative control? In light of the legislative deficit towards him? Is it an applied role, or my discretion