عيب الانحراف في استعمال السلطة بين صعوبة اكتشافه ووسائل إثباته

Abstract EN

Annulment proceedings represent the essence of judicial oversight, through which the administrative judge monitors the lawfulness of the administrative work.

once found to be flawed, it is required to be abolished for an adult administration exercising its competence in accordance with law.

the most significant of these is the defect of deviation in the use of power, which is the most important appeal against the annulment of the administrative decision, represented the unlawfulness of its purpose, which it had targeted either to distance itself from the public interest or to contravene the department's objective by proving that the administrative decision is null and void, which makes sure that this defect is the most important pillar of the ethics of the administrative function.

the defect of deviation in the use of power is characterized by accuracy and precaution, which makes it a hidden and self-evident defect in conjunction with the decision-maker's intentions and ethics on the one hand and it is linked to the department's discretion in the other hand.

these characteristics are seen as obstacles to the administrative judiciary's exercise of judicial control over administration arbitrariness.

the thing that the order must be adjusted and those difficulties identified.

to know and find effective mechanisms in proving it.

this has legal implications for guaranteeing and protecting individuals' rights and their freedom in consideration for law-based state.