القانون الإداري: نظرة عامة

• This document is titled "Administrative Law" and was written by Professor Mazen Radi Lelo in 2008.
• It's published by the Arab Academy in Denmark, and all rights are reserved to the publisher.

Table of Contents Overview

• Introduction is the first section.
• Chapter 1 is titled: Definition of Administrative Law, covering pages 1-17.
• Chapter 2 is titled: The Basis of Administrative Law, covering pages 18-25.
• Chapter 3 is titled: Administrative Organization, covering pages 26-55.
• Chapter 4 is titled: Administrative Control, covering pages 56-85.
• Chapter 5 is titled: Public Facility, covering pages 86-104.
• Chapter 6 is titled: Public Office, covering pages 105-139.
• Chapter 7 is titled: Public Funds, covering pages 140-151.
• Chapter 8 is titled: The Administrative Decision, covering pages 152-183.

Introduction

• The Arab Academy in Denmark provides integrated written and audio materials.
• The aim is to deliver top-notch educational resources to students, supporting high-quality outcomes that meet labor market demands.
• This administrative law work is enhanced with an audio recording by the author, offering explanations of the written content.

Lecture One: Definition of Administrative Law

• Most jurists define administrative law as a branch of public internal law.
• This branch includes legal rules governing administrative authorities, their formation, activities as public entities, and their extraordinary rights in dealings with individuals.
• Others define it as the branch of public law governing administration, or the law of administrative power.
• Some describe it as the law encompassing rules governing state administration in formation and activity as a public authority.
• Law is divided into public and private law.
• Public law governs the state's activities and public authorities, regulating legal relations where the state or a public body is a party, acting with special rights not available to individuals.
• Private law regulates interactions between individuals, or them and the state, when the state acts as an ordinary individual, without special public authority rights.
• Public law includes international law; domestic law includes constitutional, administrative, and financial law.
• Private law includes civil, commercial, and procedural laws.
• Administrative law, a branch of domestic public law, governs public administration.
• It exists in every country, regardless of its level of development.
• Two concepts of public administration prevail: the organic (or formal) and the substantive (or functional).
• The organic concept focuses on the internal structure of public administration.
• It defines public administration as the administrative authority, central or decentralized, and all affiliated bodies.
• The functional concept concerns the activity or function performed by administrative bodies to fulfill public needs.
• Administrative law in the organic sense is the law governing the administrative authority or bodies in the state.
• In the substantive sense, it's the law governing the activity or function undertaken by administrative bodies to achieve public interest.
• Modern trends combine both concepts, defining administrative law as the law that organizes administrative bodies and governs their activities to achieve public interest.

Relationship with Other Branches of Law

• It's important to highlight the independence of administrative law from other branches.
• This is done by clarifying its relationship with these laws, identifying similarities and differences, and discussing its connection to the science of public administration.
• Relationship between Administrative Law and Constitutional Law
• Administrative law regulates administrative bodies and their functions to serve the public interest.
• Constitutional law is the supreme law of the state, regulating the system of government, its authorities, their relations, and individual rights and freedoms.
• Administrative law is closely linked to constitutional law.
• Constitutional law lays out broad rules for the executive authority.
• Administrative law sets detailed rules to ensure efficient operation of administrative bodies and their performance of duties.
• Administrative law is thus an extension of constitutional law.
• Barthelemy noted that constitutional law shows how the governmental machine is built, while administrative law shows how it runs.
• Due to the overlap between the two laws, English jurisprudence doesn't distinguish between constitutional and administrative law.
• French jurisprudence distinguishes them, but some criticize trying to separate them.
• Distinctions can be summarized as:
  • Subject Matter: Constitutional law examines the state's political organization.
  • Administrative law examines the actions of the executive authority.
  • Hierarchy of Laws: Constitutional law is at the top of the legal pyramid.
  • Administrative law governs some of the issues derived from the principles approved by the constitution.
• Relationship of Administrative Law with Financial Law
• Financial law concerns managing public funds and complements administrative law.
• It describes the legal framework for public funds, their protection, and utilization, and covers topics like the state budget, tax policies, and oversight.
• Relationship of Administrative Law with the Science of Public Administration
• Administrative law differs from public administration in its focus.
• Administrative law studies the legal framework of the administrative apparatus and the function of each element.
• Public administration studies the technical and organizational aspects, defining it as the science concerned with organizing and directing the administrative organization for achieving public goals.
• Public administration includes organic and objective concepts:
  • An organic concept deals with studying the structure.
  • An objective concept focuses on the nature of the activity issued by these organizations.
• The difference between public administration and administrative law is shown through the method of studying the topic.
• Administrative law focuses on the legal nature of the administrative decision, conditions for its validity, and methods of appeal.
• Public administration studies the scientific and realistic aspects of how the decision was issued.
• In the field of public office, legal principles review legal status, conditions, rights, duties, and disciplinary penalties.
• Public administration studies the public office from organizational and human perspectives.
• The former concerns the nature of public office, the basis of arranging public jobs, and specifications of each job.
• The latter concerns the creation of the best management system, methods of selection, ways to develop competencies, and incentives.
• Public administration is subject to different rules from private law, but may sometimes adopt private law regulations, treating individuals equally.
• Administrative law means the law of administration, no matter what legal rules govern it and exists in every society.
• Administrative law in the technical or narrow sense is only found in countries that take into account the dual legal system.
• Despite the differences, there are many similarities between public administration and administrative law having to do with the device of government in the state.
• In countries that do not take the dual legal system, the study of public administration includes the legal aspects that govern it.

Chapter Two: The Emergence and Development of Administrative Law

• France is considered the birthplace of administrative law.
• The emergence of this law is attributed to historical factors.
• Foremost among them, the ideas that came with the French Revolution in 1789.
• The revolution was based on the separation of powers, and what his branch courts judicial.
• The standing at that time of the separation in administrative disputes to maintain the independence of the administration from the judiciary.
• This trend led to the existence of a dual court system that was the scene of the emergence of dual-law and the emergence of administrative Law.

The Emergence of Administrative Law in France

• Before the French Revolution, the power of judgment was limited.
• The state was not accountable.
• In this period there are judicial courts called Parlements, established to be representative of the King.
• The Parlements were exercising a reactionary control over management and were interfering in their affairs and hinder any reform movement.
• Given what inspired the French of the revolution to prevent the existing judicial courts at that time of settling administrative disputes to maintain the independence of management the principle of separation of powers.

Stage of Managing the Judging Administration

• Law No. 16-24 was issued to confirm the direction for the French of the revolution in the separation of powers.
• This was in August 1790, and the text was on the cancellation of the judicial courts.
• Then what is called the management or judge of the judge was established as a first step?
• This was in order to establish the French Council which was prevented from considering disputes that administration.
• The administrative department became in the specialization in settling these disputes.
• In the stage each had to Managing and individuals to the administration of her present.

Establishing the French Council

• Council of State Establishment:
• With the advent of the Council of State in 12/12/1797 AD during the reign of Napoleon.
• A cornerstone was placed over the French administrative judiciary with the specialization being the Council of State or.
• At the same time, courts or councils of the region (Les Conseils de Prefecture) were established.
• The decisions of the councils do not need the endorsement.

The Development of the Council

• The work of the council was limited to examining administrative disputes.
• Therefore, the panel's decision was called (restricted or seized judgment)- (Justice Retenue).
• This lasted to the 1872 was his judging authorized.

Justice délégiée Phase

• On 05/24/1872 , the French State Council was given the power to decide.
• Although this law authorized the Council's decision, it was still maintained with the specialization.

The Emergence of the Constitutional Law in Egypt

• Prior to that, Egypt did not know that the administrative branch.
• Where were the Mixed Courts and the local courts in the Egyptian judicial system.
• Part of the Egyptian administrative jurisprudence is not yet showing.
• On the basis of what the combined courts and local courts, while another opposition side of them, and went so that:
• The principles of administrative law did only arise truly through the judgments of the Council after established.

Expansion of the Council

• The Council of State was able to enjoy specific powers.
• The administrative judiciary was established in 1946.
• An act was issued to expand his specialties.
• Then administrative courts were established under law No. 147 of 1954, was in 1955 and the creation of the Supreme Administrative Court.
• The Council of State then issued law no. 55 of 1959, regarding the organization of the Council of State.