ولاية المحكمة الإدارية العليا بالتصدي لبحث الواقع

Abstract EN

Litigation is the most important guarantee established for the individual's interest in facing of the administrative authority to regarding their legal positions, as the courts consist of a group of judges.

it is possible that they will make mistakes.

so, multiplicity litigation degrees must be acknowledged appealing the administrative decision in front of the courts to allow the litigants to appealing the decisions and judgments of the trial courts.

it was noted that the trial court, which deals with adjudicating the litigation subject, often makes a mistake in applying the law to reality, or violates its provisions, consequently, those concerned didn't have any choice just appealing the ruling to the supreme administrative court.

as a general principle, this court deals with issues of law in the ordinary judiciary.

but within the administrative judiciary, it is inevitable that it should address issues of reality and law.

as it cannot ascertain form the administrative decision legality subject of the administrative case except by examining the facts that mixed its issuance and the circumstances that accompanied administration work at that time.

because it was considered as realistic conditions or reasons that determine the necessity of its issuance and its legality or not.

this study aims to clarify the authority of "appeal court" to examine the facts and re-adapt it if necessary to reach a practical evaluation with a proper application of the rule of law, and for the judicial rulling to be a credible fact of the subject.

so, the "supreme administrative court" has been shortening time, effort and expenses.

in implementation of what was ordered by the "pleadings law".

in order to separate the subject of the administrative litigation without resorting to the cassation decision and return the case to the trial court.