طبيعة احكام القضاء الإداري المتضمنة وقف تنفيذ القرارات الإدارية

الملخص EN

The means used by an administrative authority to perform its functions is to issue administrative decisions, which the administration is able to implement directly.

Such decisions remain in force and produce legal effects from the date on which they take effect.

Administrative decisions are presumed to be presumption of health and safety, where the opposite is proven in principle.

Exceptionally, however, enforcement of such decisions can be suspended as a result of slow litigation proceedings before administrative courts, rendering a single action unable to protect individuals in the event of implementation of the administrative decision, causing serious irreparable damage; It therefore renders a ruling in administrative proceedings a mere fictitious one that does not produce sensationalism, and in this sense an administrative action is of no use.

As a result of the harm that may be caused to individuals if the administration executes its administrative decisions expeditiously, the legislator therefore provides for a regime of suspension of the implementation of the administrative decision if the appellant in the petition so requests in order to guarantee the rights of individuals and does not prejudice the public interest.