دور القضاء الإداري في الموازنة بين ضرورات الحفاظ على النظام العام العمراني و ممارسة الحق في البناء

الملخص EN

The research deals with the role of the judiciary in balancing the exercise of the right to build and ensuring compliance with the provisions and laws of reconstruction, especially since the practical reality has produced many urban disputes arising from non-compliance or compliance with the rules of preparation and reconstruction, and research is an attempt by us to highlight a very important issue essentially linked to the mechanisms of balancing the right to build and ensuring compliance with the laws of preparation and reconstruction in order to maintain urban public order, where research aims at the role of the judiciary in reconstruction disputes, and its ability to reconcile Among the necessities of maintaining the urban order and ensuring respect for the rules of preparation, reconstruction and construction, enabling the right holder to exercise his right to build, and his role in controlling the legitimacy of the decisions of the administrative bodies in the matter of reconstruction as a guarantee to reduce the abuse of the administration in the use of its authority in the field of reconstruction and construction, the study highlighted the importance of judicial control in the subject of reconstruction and its role in balancing the right to build and ensuring compliance with the rules of reconstruction and construction.