التطور الحديث لسلطات القاضي الإداري في مواجهة الإدارة

Abstract

The recognition of the principle allowing the administrative judge to issue orders to administrative authorities, as well as granting the judge the power to impose coercive fines (astringe) on such authorities, constitutes one of the most significant modern developments in the powers of the administrative judiciary in confronting the administration. These powers were established by the French Council of State, enabling the administrative judge to   effectively confront the administration after his authority had long been constrained by the prohibition on directing orders to administrative bodies, in application of the principle of separation of powers. This development has become one of the most important guarantees available to the administrative judge in dealing with the administration, aiming to ensure the enforcement of judicial rulings and to compel the administration to comply therewith, as well as to curb abuses of administrative authority and the administration’s refusal to execute judicial decisions rendered against it. This guarantee is further embodied in the administrative judge’s authority to impose coercive fines on administrative bodies in order to compel compliance with judicial judgments issued against them. Such authority constitutes a constitutional and judicial safeguard for individuals vis-à-vis the executive power, and an effective mechanism for upholding the principle of legality and the rule of law.