الموازنة بين المنافع و الأضرار في نزع الملكية العامة

Abstract EN

This article shows that the adimistrative judge's control of the balance between utilities and harms of the administration's decision of dispossession is a basic guarrantee for the protection of the individuals' rights and liberties; and that this principle, which is created by the administrative judge, is a fence of protection from the administration's hyperbole in using its discretion.

The objective of legislation is to take into consideration the peoples 'interests by pulling utility for them and pushing harm away from them especially, when a contradiction exists between the public benefit, for which the administration was established and is occupied to achieve.