القوانين الإدارية في فرنسا ومصر

### Legal Measures and Administrative Regulations in France and Egypt

•  French President's power to issue legislative measures similar to decrees is theoretically possible due to the wording of Article 16, but no precedents exist.
•  Generally, the French Prime Minister is responsible for issuing executive regulations.
•  If executive regulations require approval from the Council of Ministers, they require the President's signature, making it a shared power.

Local Administrative Control Bodies

•  These bodies exercise administrative control powers in limited state areas like provinces or cities (municipalities).
•  Governors oversee security and order in their districts.
•  Mayors generally exercise local control over towns and villages, based on the Municipalities Law of April 5, 1884, and subsequent amendments.

General Administrative Control Bodies in Egypt

•  Egyptian constitutional law expanded the powers responsible for issuing executive regulations, which according to the 2014 Egyptian constitution, are issued by the council of ministers.

•  The impracticality of having the council of ministers issuing all regulations is evident, as demonstrated by the existence of similar regulations issued by other executive bodies in Qatar.

•  In absence of a constitutional provision, these regulations are considered unlawful.

•  General administrative control, whether national or local, remains primarily centralized in the Egyptian capital's government. Bodies in this area remain:

• The President - The president has the sole power to issue emergency regulations; delegating this power is prohibited. - Article 156 of the 2014 Egyptian Constitution states that the President may issue decrees during parliamentary recess in the absence of a council of ministers, which must be presented to and approved by the council within 15 days.

• The Prime Minister - The Egyptian constitution does not give the Prime Minister a role in general administrative control. - However, the constitution gives the Prime Minister the authority to issue executive regulations in various types of executive capacity, and to delegate such power to others, and for the law to do the same, as per Article 171.

•  The Minister of Interior and Subordinates - The administrative control is overseen by the minister of interior in the capital and security directors in the provinces. - Security directorates are under the direct authority of the Minister of Interior. - The ministry of interior manages the police force, which is a civilian, organized body under the President.

Differences Between Administrative and Judicial Control

•  Administrative and legislative controls may overlap, but the difference in the exercising authorities is clear.
•  Administrative control is exercised by the executive branch whereas legislation is exercised by the legislative branch.
•  Distinguishing administrative control from judicial control raises various legal issues due to potential overlapping responsibilities.
•  Judicial control involves investigating crimes, gathering evidence for trials, and presenting it to the public prosecutor. It begins after a crime is committed.

Importance of Distinguishing Administrative and Judicial Control

•  The difference clarifies judicial jurisdiction
•  Distinguishing between administrative and judicial control focuses on the responsibility aspect.
•  The general rule is that the state is not responsible for judicial control actions, unless explicitly provided by the legislature.

Criteria for Distinguishing Administrative and Judicial Control

•  Formal or structural criterion: Examines the body that initiated the control action.
•  Legal basis criterion: Judicial control actions should not establish new legal rules; administrative actions can.
•  Goal criterion: Investigative tasks indicate judicial control, while regulating order shows administrative control.
•  Objective criterion: Examines the nature of the action. Actions seeking to uncover, seize, and present evidence to the court are judicial. Maintaining public order without judicial prosecution is administrative.

يتناول هذا الاختبار الجوانب القانونية والإدارية في فرنسا ومصر، بما في ذلك سلطات الرئيس ورئيس الوزراء في إصدار اللوائح التنفيذية. كما يلقي الضوء على الهيئات الإدارية المحلية ودورها في إدارة المجتمعات المحلية. اختبر معلوماتك حول هذه الأنظمة القانونية.