تصدي مجلس الدولة لإصلاح الخلل في المنظومة التشريعية والإدارية بناء على سلطته المحددة في القانون: دراسة مقارنة

الملخص EN

It is known that the Council of State is the advisor to the administration and the judge of its disputes as the Council exercises these two functions on an almost daily basis.

It settles administrative disputes and provides legal opinions and advice.

The council's advanced activity allows it to monitor negative phenomena at the legislative and administrative levels.

Nevertheless it remains restricted in dealing with cases before it by issuing a ruling or submitting a fatwa.

However it does not have the right to take a decision to address the previous phenomena from their roots.

Because if he did that he would have interfered with the work of other authorities and this is prohibited for him according to the principle of separation of powers.

For this reason, the legislator has created a means to ensure a measure of reconciliation between the aforementioned principle and the council's intervention in the administrative or legislative field and that is through the periodic report that it addresses to public authorities and public opinion annually as this report includes what judgments fatwas or research show of negative phenomena At the legislative and administrative levels with the aim of alerting the necessary reforms.

In addition to the above the report is of great importance as it carries preventive dimensions as it represents a manifestation of cooperation between the judicial and advisory functions of the State Council on the one hand and between it and the executive and legislative authorities on the other.

Therefore the benefit of this topic is achieved by directing attention to this small and important part to make it the subject of our current research.