حجية حكم دعوى الإلغاء و إشكالية تنفيذه

Abstract EN

The litigation does not achieve its goal except by ruling in it, and the judgment issued in the lawsuit is the title of the truth and its result.

If the cancellation lawsuit aims to execute the administrative decision that contradicts the legality, then the value of this case is realized in its judgment, and therefore the ruling of annulment is that impenetrable bulwark to preserve legality, but the matter does not depend on the issuance of the judgment by the judiciary, but rather the value of the judgment is determined in its effects And the resulting results.

Execution is one of the most important manifestations of justice, as it is one of the recognized rights of the convicted person, and it represents the most important stage of litigation through which the parties to the litigation go through, by obliging the administration against which the judgment was issued to implement for the benefit of the convicted person.

Hence, and in view of the importance of this topic, the issue arises: to what extent does the annulment provision acquire absolute authenticity? What are the problems that hinder the implementation of the cancellation ruling?