تنازع اختصاصات الضبط الإداري العام و الخاص في مجال حماية الصحة العامة : تنازع إجراءات مواجهة وباء كوفيد 19 نموذجا : دراسة مقارنة

Abstract EN

As subsequences of having multi- public and private administrative police authorities, occasionally administrative authorities overlap with each other especially when they have the same purpose.

This study focuses on finding legal solution to encounter this overlapping pertaining to public health component, and to administrative policy authorities at the local and national level where the first one is a private regulation authority, and the second is a public regulatory authority.

This study also explains the measures that the public police authorities may take to confront the pandemic, legality of these measures, and where they contradict with the measures of the private regulatory authority.

The study concludes by analyses the judicial solutions established by French Council of State focusing on its summary judgments addressing conflict and overlapping measures between the two authorities.