المسؤولية الادارية عن أعمال الضبط الاداري.

Abstract

The State can not stay away from the disturbances that are occurring in society and threaten public order in all its traditional and modern elements. Its intervention obliges it to strike a balance between the maintenance of public order and the preservation of public rights. Its intervention can cause individuals material and moral damages that deserve compensation in order to enable them to lead a normal life after the State's responsibility for its actions, whether prejudicial or not, will have been defined. The responsibility of the Administrative Regulatory Body may be uncovered or alleviated as a result of fault of the victim or third parties, a case of force majeure or a fortuitous event. When the judge assesses the compensation, they should not allow the victim to get rich from the harm he or she has suffered but must take into account the aggravation of the prejudice, the economic situation and other parameters. The timing of the judgment will therefore be the appropriate time to estimate the prejudice suffered by the property or the person. If the regulatory body assumes the amount of compensation for damage, it may request the official to reimburse the amount it pays in his place. The party who has undergone a prejudice can not benefit from full compensation of the regulatory body and at the same time of the official. Indeed, if it is possible to bring together the faults and the responsibilities, it is impossible to assemble the compensations.