العقوبات الإدارية بين مرتكزات الشرعية و مقتضيات حماية حقوق و حريات الأفراد

Abstract EN

The administrative sanction is an alternative system to the criminal sanction in terms of repression of behavior contrary to laws and regulations, its emergence and development takes place in the context of the emergence and development of the phenomenon of decriminalization, particularly in the world of business.

This type of repression finds its legal legitimacy in its acceptance by constitutional jurisprudence, and its real legitimacy in its effectiveness in relation to criminal repression, however, it constitutes a threat to the rights of individuals because of its violation of the traditional conception of the principle of separation of powers, which reserves to the judge alone the power to punish.

Consequently, it is important to put in place an effective judicial control over administrative sanctions, because this control appears to be the true guarantor of these rights vis-à-vis the repressive administrative law embodied by this type of repression