دور الخبرة القضائية في الإثبات في دعوى الإلغاء الإدارية

الملخص EN

This study dealt with the issue of judicial experience in administrative cases, and in particular in the administrative annulment case It clarified the concept of expertise, its stages of development, and its legal nature, as well as the role and importance of judicial expertise before the administrative annulment lawsuit.

This study has concluded several results, the most important of which is that the annulment judge, when he resorts to judicial expertise, uses the Civil Procedure Code in line with the specificity of the administrative case due to the absence of an administrative pleading law and because the Administrative Judiciary Law did not regulate expert procedures, and that the court is not obligated to adhere to the opinion After discussing the expert's report, she can take the expert's opinion in whole or in part, or reject it all with justification, i.e.

justify the reason for her refusal of the report.

The most important recommendations that I reached through this study were the necessity of issuing a special law for administrative litigation procedures, in order to be more in line with the nature and privacy of the administrative lawsuit.