رقابة القضاء الإداري على بطلان إجراءات التحقيق

Abstract EN

The Algerian legislator organized the theory of procedural invalidity as an organization based on elements and controls.

It was ensure the balance between the formal protection of the entity and the avoidance of its failure without reaching its ultimate goal of determining the legal protection of the contested substantive rights in front of the judiciary.

Faced with the administrative judiciary in the dispute before it for unequal positions among the litigants, this situation shows that the role of the judge in the balancing position between the need to provoke the procedural defects of the ruling nullity, even if they are not related to public order, and to direct the adversaries to remedy these defects through correction and renewal Defective procedures, so as to avoid excessive and more excessive to apply of the penalty of invalidity in places where the heroine is loathsome.

In the exercise of the administrative judge for his positive role in the course of the dispute, seeks to impose control on the application of the theory of invalidity according to the method specified by the legislator to achieve the purpose of legislation formal aspects of the procedures, which do not go beyond the scope of service of the substantive right, To control the application of the penalty of nullity to judicial investigation measures in their invalidity aspects.