دور الورثة في الدعاوى الإدارية في ضوء أحكام القضاء الإداري : دراسة تطبيقية

Abstract EN

The filing of the lawsuit and its general continued consideration require the availability of a police officer of interest and adjective, and administrative proceedings are no different from other cases within the ordinary jurisdiction, it is the stakeholder and the adjective who has the right to bring and continue the case, and the case must be brought against the holder of the status and who has an interest in the payment of the plaintiff's applications.

The liabilities in the administrative proceedings are unequal, as the administration is one of its opponents and is not equal to the second party in the case who is a person of private law.

The administration's opponent may die before the case is brought, and death may occur during the proceedings, after adjudication and before appeal, or at the stage of appeal. The problem of research is determined in the event of the death of the opponent of the administration, whether the heirs of this opponent have a role in succeeding him in bringing the case or continuing to proceed with it, or appealing the judgement against it.

There is no doubt that the characteristics of cases within the administrative judiciary differ from those within the ordinary jurisdiction, with full judicial proceedings such as compensation proceedings, cancellations, as well as disciplinary proceedings; therefore, the question arises as to the extent to which heirs have the right to replace their gene in such cases, and what criteria are required for such solutions.

If the proceedings before the Egyptian Council of State have not yet been issued by a special law, and if the administrative proceedings are characterized by privacy that requires special procedures, which entitles the administrative judge to draw the proceedings of that case from the rules of general procedures stipulated in the procedural laws of the state and in accordance with the nature and privacy of the administrative case, and if he does not find the appropriate procedure for this privacy enjoyed by the administrative suit, he strives to find appropriate solutions to cover this Procedural deficiencies; The research therefore aims to trace the provisions of the administrative judiciary and its principles on procedural solutions for heirs to replace their inheritance in administrative proceedings, in order to remedy the shortcomings of administrative procedures on the subject matter.

The subject of this research will be addressed through the use of the analytical, inductive and inductive approach.

This research has concluded with many findings and recommendations, and one of the most important recommendations is the need for an integrated law on proceedings before the administrative judiciary.