الاتجاهات القضائية الحديثة لحماية الحقوق و الحريات الأساسية من الاعتداء المادي للإدارة

Abstract EN

Rights and freedoms are backbone of relations between State and individuals, where every individual enjoys a legal status that protects their rights and fundamental freedoms in society.

However, some laws and judicial principles of administration have empowered authorities to restrict these freedoms in ordre to fulfill its duty to maintain public order and manage the state's services.

As a punishment to for the administration for its egregious departures from the legality principle and attacking the fundamental rights and freedoms of individuals, the French Council of State had created the theory of material abuse, where the resolution of disputes arising from such abuse was assigned to the jurisdiction of the ordinary justice.

This theory has been preserved until this day, despite the decline of its content after the developments in the administrative judiciary urgent, where it now shares several powers with the ordinary judiciary in order to reduce these abuses.