The Border of Administrative Judge in His Suitability Control Over the Administrative Decision

Abstract

The Reason pillar  is subject to three levels of control, the first level control includes the control over the physical existence of the facts on which the administration relies and which is called the minimum control, it is a control to which all decisions are subject without exception, and the second level control in which the administrative judge makes sure of the correctness of the legal conditioning What the administration granted to these facts, and this control has an exception whereby that control is limited to some decisions in appreciation of their special nature, as it is for decisions related to technical matters as well as some administrative control decisions, and third-level control, where the administrative judiciary overrides the control of the elements of legitimacy and extends its control to the area of Convenience thanks to its effective jurisprudence, as the principle of proportionality is one of the modern legal principles that the French administrative judiciary invented and sought to consecrate, as a result of the expansion of the discretionary authority of the administration and its interference in all fields, which led to the prejudice to individual rights and freedoms, and this principle had a pioneering role in limiting From this increasing discretionary power without seeking to eliminate it, by rationalizing the choices of management when carrying out its activities and returning them to the Department of Labor. Shoroeiya has set aside this goal, and the administrative judiciary has applied the principle of proportionality during this course of action to confront the abuse of the administration when it uses its discretionary authority, by using important means aimed at revealing the illegality of its behavior based on the principle of proportionality and thus abolishing the behavior if it is affected by the defect of disproportion, and these means have contributed To some extent, the administration’s abuse of its discretionary power, as the administration capitulated to this reality imposed on it by the administrative judiciary.