دور القاضي الاداري فى دعوى التعويض عن نزع الملكية للمنفعة العامة

Abstract

The memorandum dealt with the role of the administrative judge in the lawsuit for compensation for expropriation for the public benefit, which is one of the most important topics of administrative law. The administrative judge has a decisive role in achieving a kind of balance between the administration’s powers in the field of expropriation and the constitutionally enshrined right of property, and achieving the principle of justice and fairness in compensation. After the administrative judge ascertains the conditions for filing the lawsuit by fulfilling the conditions of capacity and interest in the person claiming damage from expropriation for the public benefit, as well as the necessity of filing it within the legal time specified for its filing, the judge examines the extent of the damage to find out whether the lawsuit is established or not. The legislator has provided many mechanisms for the administrative judge to settle this dispute, which is within the full jurisdiction of the judiciary and in which the judge has the discretion to choose the appropriate method and appropriate compensation within the scope of the controls and foundations set by the Civil Procedures Law and Law 91/11 related to the rules Expropriation for the public benefit and Decree 93/186 applicable to it.