مسألة الاستقلال الوظيفي للسلطات الإدارية الضابطة : دراسة تحليلية للنصوص القانونية و التنظيمية

Abstract EN

The establishment of the independent administrative authorities came as a result of the necessity to find a new pattern which exchange the state's intervention after it's failure to a direct direction that enshrined in the constitution of the year 1976 of a quickrise with a national economy.

It also devotes a set of transitional reform principles that the constitutional amendment was brought in 1989.

These authorities were adapted as independent by what is imposed first by the total ence of all types of the hierarchical control and the tutelle administrative, regardless to whether they have or they don't have a legal personality, in addition to their ability to act and make actions instead of the state itself without being belonged to the government.

The matter of the independence that distinguish that type from the ordinary administrative authority or the traditional one which provides originality in the state's system or apparatus raises several problems with legal texts regulating it in both levels: the organic one and the functional one.

This paper is earmarked for highlighting the problem of the functional independence of the administrative authority controlling in the light of the legal texts that regulating them.