التعليق على قرار قضائي مدى اختصاص قاضي الاستعجال بالحكم بالغرامة التهديدية في المنازعات الإدارية

Abstract EN

Nowadays, the state of law is based on the principle of legality by subjecting all to the authority of law, rulers and ruled.

however, by reference to the prerogatives of public authority that the administration possesses, the principle of legality is almost relatively embodied.

the administration often abused its authority towards individuals and persons.

accordingly, if the administration breaches its obligations towards any person, this latter has to seek administrative judiciary, which will direct orders to the administration, forcing it to implement what it has committed to.

if, despite a judgement or a judicial decision ordering it to fulfil its obligations, the administration is still intransigent, the law has given the power to the judge to impose a threatening fine on the administration for a specified period of time in order to force it to implement.

a threatening fine is a means of pressure and coercion to force the administration to compel to the court rulings issued against it.