الغلو في القرار الإداري

Abstract EN

Excess or lack of proportionality is because of disproportion of the reason of the decision with its subject .

Any incompatibility of the legal basis for the administration in its decision with the impact of this decision as the proportionality usually requires no huperbole that means the incompatibility of the reason with the subject .

Hyperbole can be achieued not only by the excessive impose of severe pumishment .

but also on the side of excession lie .

the exassive compromise indulgence and exassive compassion becase the excessive pamishment will lead to the rejection of individuals and their loss of confidence in dealing whith the administration and therfor thay will debar from working with the excessive pamishment will lead to the rejection of individuals and their loss of confidence in dealing with the administration and therefore they will deber from working with pablicutilities and this will lead to the diraption of its progress .

Not pity the extreme leniency would make the employee beriolicluoys of administration punishment and gets the case of rebellion and tyranny as well as the disruption of publicutility .

The criterion of hyperbole is a objective standard not a personal that strengthen mismatch between the reason of the administrative decision and its subject which are considered its ultimate effects ine .

there must be proportionality between the gravity of the act committed by a trader with the administration with the penalty imposed and that must be the act and gravity justified to make the decision or to impose punishment .