الرقابة القضائية على السلطة التقديرية للإدارة في مجال الوظيفة العمومية

الملخص EN

The administration enjoys discretionary authority in evaluating the efficiency and performance of employees, having a degree of freedom regarding task allocation among employees, organizing interests, granting leave, scoring authority, the employee's entitlement to confirmation in their position and promotion, as well as in signing disciplinary penalties.

the principle is that the administrative judge's oversight does not extend to scrutinizing the compatibility and appropriateness of the facts leading to administrative decisions in such cases, because assessing the importance and seriousness of the facts falls within the scope of the administration's discretionary authority.

however, the administration's exaggeration and excess in its arbitrary use led to the judiciary's development of oversight over the cornerstone of the reason in administrative decisions, even in cases of administrative discretion, from overseeing the physical existence of facts to overseeing their legal adaptation, meaning the transition from legitimacy oversight to suitability oversight according to the methods diligently pursued by the administrative judiciary in formulating it.