حدود الرقابة القضائية على فكرة المنفعة العامة في قرار التصريح بالمنفعة العمومية

Abstract EN

Private property no longer enjoys greater legal protection due to the changes that have occurred in the activities of the modern state.

the state's intervention in social and economic life has increased in order to promote development, growth, and the well-being of citizens.

this necessitates undertaking large-scale projects that require substantial real estate resources for implementation.

consequently, property rights have been expropriated under the guise and justification of public interest, despite the constitutional protections they are entitled to.

Algerian legislation has expanded the scope of public interest objectives and granted the administration broad discretionary power to propose projects for the public good.

judicial oversight is necessary to prevent the administration from abusing this authority.

recent administrative jurisprudence has also expanded its control over the concept of public interest declared by the administration in decisions regarding the declaration of public utility.

this is aimed at rationalizing administrative activities on one hand, and on the other hand, restoring the importance of private property rights.