النظام القانوني للإجراءات السابقة على رفع دعوى الإلغاء : بين فلسفة النص و واقع التجربة : دراسة نقدية تحليلية

الملخص EN

Today, it has become remarkable to increase the number of annulment proceedings that end in inadmissibility; for reasons not related to their subject matter, in what is known as formal inadmissibility; The most common reason for this phenomenon is the lack of adequate knowledge of the procedures preceding the filing of the annulment action, such as the precedent of the compulsory remedy, the submission to the Dispute Settlement Committees in the circumstances prescribed by law, and the knowledge of how to calculate the date of filing the annulment action in accordance with the foregoing.

The proceedings preceding the filing of the annulment action constitute the basic- indispensable- introduction to the admissibility of the claim in form, and thus examine its subject matter; to the end of the litigation; The parties to the litigationwhether a judge, a lawyer or a member of the State's Case Commission- must therefore familiarize themselves with and complete these proceedings; In order to avoid the judgement of formal inadmissibility, as this provision constitutes the expiration of judicial litigation for a formal reason and constitutes a disaster for the stakeholders if the shortcomings are evident in the appeals decision; The expiration of the rivalry and the closure of its door for a formal reason may also undermine justice.

If an unlawful administrative decision is immune، for example, to overdue, or the precedent of recourse to dispute settlement committees, which requires the proper presentation of these procedures in accordance with established modern judicial trends, particularly by the Supreme Administrative Court (Unifying the Principles Chamber).

It highlights the importance of talking about this topic; In recent times, there has been a dichotomy over how the deadline for annulment proceedings can be calculated, especially given the fluctuating attitude of the administrative judiciary in some of the proceedings prior to the filing of the annulment proceedings, the reflection of this fluctuation on the rights of the stakeholders on the one hand, and the denial of justice on the other, which we see in our research.