الرقابة القضائية على القرارات الإدارية كآلية للحد من التعسف الإداري

Abstract EN

Administrative decisions are submitted to judicial oversight.

The administrative judge is competent to examine the elements of the administrative decision: the external ones, related to the form of the administrative decision, and the internal ones, related to its merits.

He is also competent to check the conformity of these elements with the principle of legality, knowing that the control intensity varies according to the administrative jurisdiction type, which is more stringent when the administrative competence is restricted, whereas it decreases under the administration discretionary power, in particular with regard to the violation of the finality element.

In addition the administrative judge oversight goes beyond the reasons element to examination of compatibility of the decision facts and reasons with the decision content.