Cassation principles Administrative Law
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles
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Principle 1484A manifestly invalid defence. No fault attaches to the judgment if it does not take it into account. - Failure to respond to a material defence:-Administrative Law · Source page 428- الحكم بوقف تنفيذ القرار الإداري
Principle 1486Challenging a judgment. Permissible by anyone who was a party to the dispute in which it was issued and in the same capacity in which he sued or was sued, even if that capacity was contested. Condition thereof: that someAdministrative Law · Source page 429- نطاق الاستئناف
Principle 1490The burden of serving the appeal petition upon the respondents in administrative disputes and notifying the litigants of the hearing scheduled to consider the appeal falls upon the court registry, not the appellant. - ThAdministrative Law · Source page 430- تسبيب الحكم الاستئنافي
Principle 1492An appeal transfers the case to the court of second instance within the limits of what is appealed, together with the pleas and grounds of defence previously advanced by the respondent before the court of first instance.Administrative Law · Source page 431الدفاع
Principle 1494Judgments rendered by the Court of First Instance are appealable if the dispute is of unassessed value or its value exceeds one thousand dinars. Otherwise, the judgment is final. Article 12 of Law 20 of 1981, as amended,Administrative Law · Source page 431- Principle 1498The court of merits may ascertain and understand the facts of the case and assess the evidence submitted therein, provided that it bases its judgment on sound grounds. Its obligation to address the substantive defenses rAdministrative Law · Source page 432
الدفوع
Principle 1501An employee’s right to claim the financial entitlements prescribed for him against the Government becomes time-barred upon the expiry of one year from the date of his knowledge of those entitlements or five years from thAdministrative Law · Source page 433- Principle 1502The general rule is that judicial judgments are declaratory, not constitutive. They introduce nothing new and do not create legal positions or situations that did not previously exist; they disclose the rule of law. - A Administrative Law · Source page 433
التقادم
Principle 1506Payment of sums to a scholarship recipient in his capacity as a member of a scholarship mission, and their remaining in his possession without legal basis after issuance of a decision withdrawing his scholarship. The limAdministrative Law · Source page 435- Principle 1510The employee’s right to claim his prescribed financial entitlements against the government is time-barred upon the expiry of 1 year from the date of his knowledge of those entitlements or 5 years from the date of entitleAdministrative Law · Source page 436
- Principle 1513The one-year limitation period for an employee’s rights. The condition for its application. The employee’s certain knowledge of the right claimed in terms of its origin, amount, number, and all its elements. The absence Administrative Law · Source page 436
التعويض
Principle 1516A judgment annulling an administrative decision. It necessarily entails extinguishing the administrative decision from the time of its issuance and treating it as if it had never existed. The rationale: it reveals the ilAdministrative Law · Source page 438- Principle 1517An erroneous decision by the administration does not entail its liability to pay compensation therefor unless it causes damage directly connected to its conduct.Administrative Law · Source page 439
- Principle 1518A claim for compensation based on the doctrine of acts of the sovereign. Its condition. Fulfilment of all its conditions. Example. Absence of the condition of damage peculiar to the contracting party, not shared by all oAdministrative Law · Source page 439
- Principle 1519The doctrine of unforeseen circumstances. Conditions for its application. The contracting party incurs a grave loss exceeding the customary bounds of dealings and seriously disrupting the economics of the contract. The cAdministrative Law · Source page 439
- Principle 1520The administrative contract. Its nature. Its subjection to a special regime. Its inclusion of unusual and exceptional terms. The reason therefor. Securing public services. - The administration's right to impose financialAdministrative Law · Source page 439
- Principle 1522A ruling annulling the Municipality’s two decisions refusing to renew a laboratory licence and awarding compensation. The basis of this compensation: the Municipality’s two wrongful decisions, as the fundamental issue coAdministrative Law · Source page 439
- Principle 1523The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to adjudicate actions for compensation for damage arising from defective administrative decisions, even if brought before it as origAdministrative Law · Source page 440
- Principle 1524Compensation for an administrative decision contrary to law. Its nature. It is not considered salary but rather an obligation to pay an amount assessed by the court as a lump sum, and it has no periodic or renewable charAdministrative Law · Source page 440
- Principle 1525The Administrative Chamber of the Court of First Instance has exclusive jurisdiction to determine applications submitted by individuals or bodies for annulment of final administrative decisions and compensation for damagAdministrative Law · Source page 440
- Principle 1526The administration's liability to compensate for damage arising from its administrative decisions is contingent upon its decision being defective. - Inferring fault giving rise to liability. A matter for the court of merAdministrative Law · Source page 440
- Principle 1528The criterion for holding the administration liable in compensation for its decisions. Its nature. - Inferring fault giving rise to liability. A matter for the court of merits, provided the inference is reasonable. ExampAdministrative Law · Source page 440
- Principle 1532The administration’s liability to compensate for damage resulting from its administrative decisions. Its condition. That its decision be defective.Administrative Law · Source page 441
- Principle 1534Termination of the female appellant's service for absence from work for fifteen days. Establishment that she reported her illness from the beginning of the absence and was authorised to rest for one week. Deduction of thAdministrative Law · Source page 441
- Principle 1535Acts of the administrative authority. They are not invariably considered administrative decisions falling within the jurisdiction of the Administrative Circuit. Drawing attention to the rule of law. It is not considered Administrative Law · Source page 442
- Principle 1537The administration’s liability for administrative decisions issued by it. Its prerequisites: fault on its part, harm suffered by the person concerned, and a causal relationship between the fault and the harm. An award ofAdministrative Law · Source page 442
- Principle 1539The administration’s liability for compensation. Its prerequisite: proof of fault on its part consisting of its issuance of an unlawful decision that resulted in damage, and the existence of a causal relationship betweenAdministrative Law · Source page 442
- Principle 1542Jurisdiction of the Administrative Circuit. Its inclusion of exemption and compensation adjudication. - The administrative authority's refusal to take a decision required by a law or regulation. Its being deemed an adminAdministrative Law · Source page 443
- سلطتها في تحري الصفة والمصلحة في الدعوى
Principle 1544Ascertaining the condition of interest in an action. A matter of fact for the court of merits. Example of interest in the annulment of an administrative decision.Administrative Law · Source page 447- سلطتها في تكييف الدعوى وطلبات الخصوم فيها
Principle 1545Interest is a necessary condition for the admissibility of an action. A direct personal interest of the claimant suffices in annulment actions. The reason: the litigation therein is objective and focuses primarily on chaAdministrative Law · Source page 447- Principle 1548The court of merits may characterize the action, scrutinize its subject matter, and investigate the true nature of the claims therein without being bound by the expressions and words used by the litigants. What counts inAdministrative Law · Source page 448
- Principle 1549Characterization of the litigants' claims falls within the authority of the court of merits. The necessary consequence: it is not bound by the litigants' description of those claims.Administrative Law · Source page 448
- Principle 1550The trial court may assign a legal characterization to the claims in the action. The condition thereof. The claim being expressly stated. Its necessary consequence. There is no need to undertake characterization. An examAdministrative Law · Source page 448
- سلطتها في فهم الواقع في الدعوى
Principle 1552Drawing the inference indicating that the administration has taken a positive course towards responding to the appellant's grievance. A matter for the court of merits.Administrative Law · Source page 448- Principle 1553Ascertaining and understanding the facts of the case, assessing its evidence and documents, weighing them against each other, drawing judicial presumptions, and identifying the true relationship between the litigants andAdministrative Law · Source page 448
- Principle 1554Understanding the facts of the action and deducing its facts. Within the power of the court of merits. The condition thereof. Its deduction must be reasonable, have an established basis in the papers and lead to the concAdministrative Law · Source page 449
- Principle 1555The court of merits has the authority to ascertain and understand the facts of the action, determine its truth from its facts, and draw such conclusions as it sees fit, provided it bases its judgment on sound reasons.Administrative Law · Source page 449
- Principle 1556The court of merits has authority to ascertain and understand the facts of the case, assess the evidence, documents, and defenses, and adopt those it finds convincing. It suffices that it base its judgment on reasonable Administrative Law · Source page 449
- Principle 1560The trial court may ascertain and understand the facts of the case and assess the evidence submitted therein, provided that it bases its ruling on sound grounds. Its obligation to respond to the substantive defences raisAdministrative Law · Source page 450
المشروعية
Principle 1561Understanding the facts of the action, examining the evidence and documents submitted therein, weighing them against one another and preferring those found reliable. Within the authority of the court of merits. Its refusAdministrative Law · Source page 450- Principle 1562The defect of abuse of power in an administrative decision. The condition for its existence and assessment of its establishment. Exclusively within the authority of the court of merits.Administrative Law · Source page 450
- Principle 1563Giving a decision its legal characterization. Within the power of the court of merits in order to determine its jurisdiction over the dispute before it. - 450 - AdministrativeAdministrative Law · Source page 450
- Principle 1564Stating the ground for an administrative decision. Not necessary. Stating reasons for it. Brings it within the scope of legal review by the administrative judiciary to verify the legality of the ground, without extendingAdministrative Law · Source page 451
- Principle 1565An administrative decision must be based on a ground justifying it. The ground. Its nature. Subjection of the ground for the administrative decision stated by the administrative to the review of the administrative judiciAdministrative Law · Source page 451
- Principle 1567Determining whether or not an administrative decision is legally nonexistent. Within the authority of the court of merits. The condition therefor.Administrative Law · Source page 451
- Principle 1568Abuse or misuse of power. Among the intentional defects in administrative conduct. Its basis. Assessment of whether it is established. Within the authority of the court of fact. It has authority to interpret contracts anAdministrative Law · Source page 451
- Principle 1569Negating or establishing negligence on the part of the administrative authority in providing the service entrusted to it. A matter of fact. The condition for this. An example.Administrative Law · Source page 451
- Principle 1571Determining whether a decision transferring an employee entails a sanction by which the administration intended to victimize him or retaliate against him, or whether its conduct pursues the public interest. A matter of fAdministrative Law · Source page 452
- Principle 1572The administrative authority has the right to amend the contract unilaterally, without the need for the other party’s consent or for provision for such amendment in the contract, whenever the needs of the public service Administrative Law · Source page
- Principle 1573The absence from Law 23 of 1990 concerning the Organization of the Judiciary of a definition and specification of acts of sovereignty. Its effect. The courts' jurisdiction to determine the legal characterization of an acAdministrative Law · Source page