رقابة القضاء الإداري على توافر شرط المنفعة العمومية في نزع الملكية "الرقابة التقليدية و رقابة الموازنة" : دراسة مقارنة

الملخص EN

The administrative justice provides many functions what simple and complex where the requirement of individual rights and respect for the powers of the administrative authorities, and reflect respect for judicial oversight last awarded legislator exploited discretion especially when determining the basis of WMP PL expropriation and is provided Public benefit, the Department has the authority to determine where and when the availability of the benefit, but if the essence of discretion not to subject to judicial oversight unless outside the area of its rating, the judiciary has come out about this rule and exposing them to limited control and tight, and it’s called BA Traditional control, not limited to the control of legality, the latter because of their inability to maintain balance sought to expand from traditional control to appropriate control embodied by the expropriation process in budget control.