أثر امتيازات الإدارة في وسائل الإثبات في الدعوى الإدارية

الملخص EN

The nature of the administrative case is different from other cases due to the rapid development of administrative law and the absence of an independent and special law for administrative proceedings other than the civil, commercial or criminal cases which have their own legalization.

Administrative law derives its provisions and principles from the judiciary and the provisions of its previous rulings.

This difference is attributed to the privileges given to the administration for the operation of public utility, which affects the administrative claims arising between the individual and the administration.

These privileges include the administration’s possession of documents and written papers, direct execution, initiative and the presumption of assumed truth in the decision.

This kind of privilege places the administration in the position of the strong, even though it is a defendant in the case, and puts the plaintiff individual in the weak position, which creates an imbalance between the parties to the case.

Therefore, these privileges and their impact on the evidentiary process in administrative proceedings must be thoroughly explained.