التفويض الإداري : المجالات و الحدود

Abstract EN

Autorisation in the general law and jurisprudence is a practical methode in the administrative organisation adopted by the moderne state in the mangement of public affairs through public facilities and institution , not for the purpose of redistribution of powers but for the need to improve its services according to its pasic principles.

(central-central, central-decentralized), is originally due to the first body under the supervision of legality as a legal act, and the delegation and assignment in the private law governed by the general principles and rules of the contract between parties.

As long as administrative authority in the law and administrative jurisprudence is different, as we have stated about the ordinary mandate of the special regulations, it requires basic conditions that can not be bypassed in any way.

The legal provision concerns the issue of delegation by the legislator and the regulator, so that the legal basis that authorizes the delegation is established Detailing its delineated limits that can not be ignored.

As a result, the effect of this is that the decisions taken by the delegated administration outside the scope and limits of delegation provided for are null and void and must be rescinded by the guardianship authority and theadministrative judiciary in accordance with the rules of Civil Procedure Code 08-09 and related texts.

In terms of the administrative mandate, it is necessary to specify the two parties in the sense that the commissioner, being the supreme administrative body or the authorized central or local authority, when issuing a decision authorizing the signing of it, shall indicate the name of the body's authorized commission, whether this body is one person or a group group.

Others may not make decisions on delegation matters even if they belong to the same public administrative sector.

The administrative decision issued by the delegation must also contain all the elements that must be met.

In other words, it is subject to the principle of legality to respect all legal texts in effect in the State under the supervision of the competent administrative judge.

This is not inconsistent with presidential administrative control and trusteeship.

It is exercised in accordance with the applicable legislation and regulations and applies to all.

It is also desirable to observe the time limits imposed by the law, as in the delegation of signature, given that the distinction of the latter with the right of check and exit is considered a serious violation.

The delegation of jurisdiction is also temporary, and if we say otherwise, it will become an original jurisdiction.