إساءة استعمال السلطة و تأثيرها في القرار الإداري

Abstract EN

The defect of abuse of power affects the administrative administration’s decision if the administration man who issued it deviates from the goal set by the law for each of them or targets purposes not related to the public interest.

The study showed that the defect of abuse of power is related to the goal that the source of the administrative decision seeks to achieve when using his discretionary power.

Therefore, it differs from other defects that affect the administrative decision, because it is not related to a material or objective matter that is easily verifiable, like other defects, but rather is related to the structure of the source of the administrative decision and its underlying motives, which are difficult to verify.

The defect of abuse of power or (deviation) of it is one of the most subtle defects, and the task of the administrative judiciary in proving it is difficult and sensitive.

It is not limited to formal oversight, but extends that oversight to hidden motives and hidden motives that prompted the management man to act.

If it is proven, as the fate of the administrative decision is to cancel and execute it, and consider it was not, and compensation for it if the damage was caused, and the responsibility of the administration for that damage is established.