سلطة القاضي الإداري في تقدير التعويض في دعاوى المسؤولية الإدارية

Abstract EN

After the reforms brought about by the French Revolution, the administrative judiciary was credited with deciding the principle of state responsibility, as it was previously an idea close to the person of the king who is considered his home for error and therefore does not ask.

Its wrongful activities, up to the determination of its responsibility even for its non-wrong activities whenever its activity was dangerous, and the matter did not stop at this point but rather the legal endeavor extended to the legitimate legal actions i.e.

non-wrong when it harmed individuals, establishing it for violating a constitutional principle which is the Equality before the general burden, and here we find that the administrative judiciary is the guarantee of the right of individuals, And if the report of administrative responsibility entails repairing the damage through compensation, then the collection of the latter is only in accordance with the rules and principles enshrined in the comparative administrative judiciary, especially the French, and with the diligence of the administrative judge, given that there are no written rules in the administrative law that are often relied upon by the administrative judge, Rather, it searches and deduces the rules from the general principles of the law and the principles of justice in accordance with its discretionary and structural function, and at this point we ask about the limits of the powers that the administrative judge has in his estimation of compensation in administrative responsibility lawsuit before the absence of the written text.