رقابة القضاء على قرارات الضبط الإداري في الظروف الاستثنائية : فايروس كورونا أنموذجا (دراسة مقارنة)‎

Abstract EN

The issue of administrative control has a special importance among the topics of administrative law due to its relationship and its direct impact on the freedoms of individuals.

The expansion of the state's intervention in various cultural, economic, social and health fields has led to the growing role of the administrative control authorities to keep pace with this intervention and development in the state's tasks.

If the administrative control authorities have this role in normal circumstances, it expands greatly in exceptional circumstances, that is, when the country is exposed to crises, wars, natural disasters and deadly epidemics (such as the Covid-19), whether these conditions are internal or have external repercussions.

Here, a kind of relative imbalance may occur in the principle of separation of powers, and the power is concentrated in the hands of the executive authority in order to confront this present and grave danger.

This may lead to business interruption in certain legal rules applicable in normal circumstances.

It may come to suspending the constitution temporarily in order to protect society and the state, as the safety of the state and society is above everything.

What prompted us to research this topic was the scarcity of research that dealt with the topics related to it.

So we decided that the research plan should be the nature of administrative control, as well as exceptional circumstances, and a statement of the conditions for applying this theory and the impact of these circumstances on the authorities of the administration and the pillars of the administrative decision and judicial oversight over them.