عيب عدم الاختصاص كسبب من أسباب إلغاء القرارات الإدارية : دراسة قانونية و قضائية

Abstract EN

The concept of competence is the cornerstone of public law, since all public authorities in the state exercise powers specified by law.

In the context of administrative decisions, their validity must be issued by those who have competence to issue them and each member of the administrative authority must not exercise a given legal act without having that right in accordance with thelegal rules governing the powers of members of the administrative authority.

If the administrative decision is rendered by incompetence, it is deemed incompetent.

The lack of incompetence was the first of the defects of appeal of the administrative justice for the cancellation of administrative decisions, it is one of the fundamental vices striking the administrative decision: The vice of the incompetence is the only aspect of the abolition relative to public order, the judge must intervene on his own even without being raised by the plaintif