تطبيقات السكوت الإداري حيال ممارسة الرقابة الإدارية على الحقوق و الحريات : دراسة مقارنة، الجزائر-مصر-فرنسا

الملخص EN

The measures taken by the administration towards the applications of the individuals for the practice of their constitutional rights, whether political, civil, social or cultural, are governed by the principal of engineering of the legal relationship between the individual and the state, relying on the idea of privileged opponent, where the administration whether takes a positive measure by approving the rights and freedoms contained in the application through an authorization, permit or approval, or takes a negative measure by refusing the practice of such rights and freedoms.

however the most extreme form of privilege consists in the absolute silence behaved by the administration towards the application for practice, hence giving rise to jurisprudential controversy requiring a set of applications in the context of the administration's right in making recourse to administrative control prior to the practice of such rights and liberties, and the resulting consequences, whether negative through inhibition, or positive through release.