إحلال الأسباب في القرار الإداري : دراسة مقارنة

الملخص EN

This research tackles the concept of substitution legal reasons in administrative decisions in place of illegal reasons that the decision was built on.

This concept was innovated by the Conseil D' Etat (The French State Council) and evoking broad controversy in the Judiciary circles worldwide.

The value of this theme is latent in the critical issues it raises, e.g.

the relationship between the administrative judiciary and the public administration, the judge authority in nullification cases, the guaranties of individual's rights and freedoms especially the right of litigation, in addition to the subsequent legal effects and practical results of the notion once applied.

In conclusion, the study comes up with some deductions and recommendations, the need to limit the area of implementing this concept only to the replacement of the legal reasons of the administrative decision and to confine practical reasons to the resolutions issued on restricted areas of competence.