مدى قابلية الطعن في قرارات مجلس الدولة

Abstract EN

This article is about the ability to appeal the decisions of the Council of State ,on the grounds this is the last is the highest judicial body in the administrative judicial system.

Accordingly to the parallelism of forms with the Supreme Court, which is the highest judicial body in the normal judicial system.

there is a big difference in terms of competence and in terms of the ability to appeal the decisions issued them,in whish we find that the Supreme Court is only the side of the cassation appeal and as a general rule doesn't accept the appeal against her decisions, but the Council of State has several functions and specialities ,of between it the cassation appeal.

And through the study of the subject it shows that it may be valuable to appeal decisions issued by the Council of State as a general rule and the exception is the inadmissibility of that.

because of the nature of the decision or the case disposed of.

This saved us to say that it is not permitted to appeal or cassation appeal the decisions issued by the Council of State, whatever the nature of the decision or the case disposed of, while the opposition may be challenged or the objection from the outside rivalry or petition to reconsider and as well as the explanatory lawsuit if the conditions are fulfilled.

In addition, it may be challenged by the material error correction in all decisions of the Council of State whatever nature if the legal conditions are fulfilled.