المسؤولية الإدارية المستندة إلى الخطأ و دورها في حماية الحريات الأساسية

Abstract EN

The competence of Administrative Justice is not only confined to the abolishing lawsuit, which means the revision of the validity of administrative decisions and assessing how far they are legal, and then abolishing them when proved to be illegal, but includes another sort of justice which is the Remedy (Reparation Justice).

In this sort of justice the authority and discretion of the administrative judge is as wide as to include the redress of the faults stemming from the decisions of the administration, in addition to his authority for abolishing those decisions wholly or partly.

The indemnity lawsuit, is not less important than the lawsuit of abolishing in providing the protection to the principle of legality.

This can be counted for by the fact that this is an effective and commonly useable tool for the protection of the fundamental individual rights and freedoms versus the transgression of the public administration whenever it causes the damage for those individuals, irrespective of whether the acts of that administration is legal or illegal.

Moreover, it is a judicial tool for the activation, substantiating and application of the legal system of the theory of the administrative liability.

Finally, this means that there is a strong relationship between the redress lawsuit and the administrative liability and both are having an essential role in providing the protection to the individual rights and freedoms.