تطبيق قواعد القانون الخاص في المنازعات الأدارية

Abstract EN

Regulations adopting the common judicial system such as the British system, or the American, where the same courts are competent to decide all cases including administrative proceeding and are subject to the same standard procedures, without regard to the specifics of certain cases.

There are regulations, based on a dual and specialized judicial system, such as France has established administrative court, different from ordinary courts.

They were subjected on their own rules distinct and different from each other.

The rules of administrative procedures are the means by which objective rules of administrative disputes are applied.

However, this makes the search for rules, applied in administrative disputes, of great importance, in order to determine the impact of the rules of private law in administrative disputes, to resolve them between the administrations and individuals as well, to know the extent to which the administrative law is independent of private law.

When the Moroccan legislature established the administrative courts, it did not pass an administrative procedural law, that can be applied in the administrative disputes, but referred through the administrative court law, to the application of the rules of the private law.

Referring to a set of administrative decisions, the administrative judge applies the civil rules sometimes to solve administrative disputes and may develop them.

Administrative law has been affected by the civil law.