سلطة القاضي الإداري في توجيه الأوامر للإدارة

Abstract

The respect of the legitimacy principle in the State is based on the existence of an effective legal control, and the effectiveness of this control cannot be achieved unless the judge has the necessary means to bind the administration legally to comply with his judgments considering that the weakness of the administration’s acts’ control appears always in the implementation of the legal decisions pronounced by the administrative judge, which affects the authority of justice. The legislator’s intervention to give the power to order to the administrative judge is one of the most important procedures tending to solve the problem after the incompetence of the judge to exercise this power against the administration for a long time due to historical circumstances and legal interpretations relating to the creation of the administrative courts in France especially concerning the Principle of the separation of powers and authorities. Pursuant to this power, the judge can bind the administration legally to do or not to do with the possibility to pronounce a penalty payment in case of failure to carry out the orders pronounced against it, which can help to quicken the implementation of the judgment, to make it easier and to forbid the administration to delay to put the judgment’s consequences in order. All that has finally influence on the legal and judicial body and on the protection of the rights and liberties through the contribution in maintaining the judicial security by the preservation of the legal centers’ stability, and the realization of the good functioning of justice through the strengthening of the administrative judge’s position by the judge’s justice transition from the theory to the practical application.