نظام الوصاية الإدارية و دورها في ديناميكية الأقاليم.

Abstract

The research in administrative supervision and its role in the dynamic of territories includes the study of many important points. The starting point is the idea of autonomy of local authorities in administrating their own local affairs as a general principle. The limits of such autonomy, the tutelary control over local authorities and its influence on their autonomy and on the development and dynamic of the territories are also points to be examined. The legislator hesitated, in all laws and charters, over stipulating that autonomy considered as the common principle of the local authorities. This hesitation can be found in the legislator resort to impose strict control inspired from the French model. The autonomy dealt with in the successive texts of local administration is a partial autonomy which is limited in executive function. Moreover,it is a relative one and exercised within defined legal texts either in the Constitution or in different laws of the State. For fear of the fall of the State and the emergence of small counties in one state, the legislator has recourse to the administrative supervision to preserve the unity of the state and insure the running of the local authorities within the general policy of the state as drawn by the Central Authority. This control is exercised either on institutions, members or on actions by different means to deal with the different aspects of the local administration in a severe way strangling the local administration and restraining the process of development and the dynamic of these units to get up with their territories. Administrative supervision is, in fact, a double-edged sword. On one hand, it is necessary for the preservation of the unity of the state and the supporting of the local elected assemblies – which are usually composed from people with low experience - through the correction of their decisions; thus supervision does feed competences. One the other hand, it harms a crucial principle that local authorities much enjoy namely their autonomy in the administration of their own affairs as far as they know the best their needs. It is necessary to review the models and types of administrative supervision in a way that it goes with the attributions given to local authorities. Necessary too is providing them with finance to make their autonomy in choosing and executing projects that interest the inhabitants of territories a full one. In sum, it would better to soften the forms of administrative supervision without deviating from its aims.