الانحراف في استعمال السلطة في القرا رات الإدارية

Abstract

Summary: The deviation in the use of power is one of the defects of the administrative decision related to the purpose pillar, which is the departure of the decision source’s intention from achieving the public interest, the rule of allocating goals or using procedures other than those approved by the legislator to achieve the goal of the decision. The defect of deviation in power is difficult to prove, given its connection to the discretion and intentions of the source of the decision, which makes it an illegal decision that affects the principle of legality, and the Algerian legislator, in the face of such decisions, acknowledged to the administrative judge the authority to cancel them to protect the rights and freedoms of individuals from the deviation of the administration in the use of its authority, as he acknowledged to those affected by these Decisions request compensation for the damage they have suffered as a result of this decision.