إمكانية تفويض رئيس الجمهورية لسلطات الضبط الإداري: بين حالة الظرف الاستثنائي والظرف الوبائي لكوفيد 19

Abstract EN

The constitution grants the president of the republic important powers to deal with exceptional circumstances, as they are the only person authorized to approve them and cannot delegate them to another person, and if those latters are delegated, then this delegation and the decisions issued by them are considered unconstitutional.

however; in the context of the COVID 19 epidemic, the president of the republic did not resort to the adoption of the exceptional cases provided for in the constitution, but dealt with the epidemic by using administrative controls through the regulatory authority established for him in ordinary cases.

still, the delegation of administrative control power to deal with the epidemic in accordance with the constitutional amendment of 2016 is not permitted, and the constitution of 2020 has authorized it by the terms of delegation.