مدى مشروعية المصادرة الإدارية

Abstract EN

The administration always seeks to achieve the public interest, and to say otherwise means that its decisions will be subject to judicial control and that these powers enjoyed by the administration derive from either the texts of the contract concluded between it and the contractor or from the general rules that apply to all administrative contracts and from these powers in imposing penalties including the authority of the administration to impose confiscation without the need for permission from the judges, as the failure of the contractor to implement his obligations stipulated in the contract or his implementation but not as stipulated in the contract or if he replaced him in the implementation of the contract and without the approval of the administration, all of this justifies giving the administration authority imposing the penalty without permission from the judiciary, and this is the rest of the need for the regular functioning of public facilities, flattering and achieving the public interest.