تعدي الإدارة ودور القاضي في مواجهته

Abstract

The administration's issuance of administrative decisions is one of the important privileges of the administration, and therefore it must issue these decisions in the form specified for it by law, and this means that it must respect the principle of the rule of law. And if the administration acts in the opposite way, we are in the process of assault ,so the assault is achieved when the administration performs illegal material behaviors with an executive nature that affects the rights and freedoms of individuals. And in order to achieve this desired balance between the administration and the individuals dealing with it, the Algerian legislator intervened under the Civil and Administrative Procedures Law No. 08/09 dated: February 25, 2008 To give the administrative urgency judge broader powers in the face of the administration, and this is by taking every necessary measure to protect fundamental rights and freedoms as a result of an assault on it by the administration, he can stop the implementation of the contested decision that includes the case of the assault, in addition to giving orders to the administration and imposing a threatening fine and obligating it to compensate in case of damages to individuals as a result of this assault.