مضمون مبدأ حياد القاضي الإداري

Abstract EN

Undoubtedly, in order to effectively fulfill its duty to protect the principle of legality, ensure respect for the rights and freedoms of individuals and provide greater guarantees of the right to litigation, the administrative judiciary must enjoy independence and impartiality vis-à-vis other state authorities.

A judicial system capable of restoring rights to its owners, and the judge, in order to settle the dispute according to the law, must be impartial to a person or entity, impartial of any personal passion or influence, as well as standing at the same distance from the parties to the case to ensure that the balance of justice is maintained equally.

Exposure to this subject raised many questions that we answered, including the principle of the impartiality of the administrative judge and distinguishing it from other principles related to the judicial function, such as the principles of impartiality and independence, and the basis of this principle in comparative legislation.