سلطات القاضي الاداري في منازعات التعمير

Abstract

This study aims to examine the role of the administrative judge in urban planning disputes by analyzing their powers in reviewing the legality of administrative decisions and protecting individual rights. The study adopts a descriptive and analytical approach through the examination of the legal texts governing urban planning and administrative disputes, particularly Law No. 90-29 related to planning and urban development, and Law No. 08-09 containing the Code of Civil and Administrative Procedures, while referring to relevant judicial decisions. The study concludes that the administrative judge plays a central role in upholding the principle of legality through annulment actions and suspension of execution, as they constitute essential mechanisms for reviewing urban planning decisions and limiting the effects of unlawful decisions. The study also demonstrates that administrative liability in urban planning may be based either on fault or on nofault liability, thereby strengthening the protection of affected individuals. Furthermore, it highlights the broad discretionary power of the administrative judge in compensation matters, subject to the conditions of damage and causation, as well as the distinction between annulment actions and compensation claims in terms of their nature and legal effects. The study concludes that the effectiveness of judicial review remains linked to the clarity of legal texts and the development of administrative judicial jurisprudence in this field.