نظرة جديدة في ضمانات تنفيذ أحكام القضاء الإداري بإلغاء قرارات الإدارة العليا

Abstract EN

The administrative judiciary, with all its variance, has given importance in upholding its rulings because of its impact on legality in light of the Administration's prerogatives and powers towards individuals.

Nevertheless, the author believes that such assurances are not sufficient to ensure a proper implementation of these safeguards.

These safeguards are limited and mainly fall into two types: 1.

Safeguards that organisations requesting from their employees to uphold and follow.

2.

Organisational administrative service orders punishments and sanctions against employees when they don’t fulfil their duty, to the required standard, towards their organisations.

The author has reached a conclusion that administrative safeguards seem to cancel administrative judiciary ruling due to the difficulties in implementing these rulings.

This is due judiciary ruling against high ranking officers within organizations that are required to uphold administrative ruling against themselves, which is very difficult to achieve in practical terms.

Also these ruling are not enforceable by law.

The author has offered some recommendations, which include new vision for the legislator to adopt in order to avoid current shortcomings in these guarantees and safeguards.

Notably, suggesting the penalty of dismissal for employees that refuse to uphold administrative judiciary rulings, or increase their original sentence