شرط المصلحة في الدعوى الإدارية في ضوء اجتهادات ديوان المظالم: دراسة مقارنة تطبيقية

Abstract

The Administrative Court is responsible for resolving conflicts between individuals and administrative bodies. There is no way for individuals to receive their rights from administrative bodies except by litigation through an administrative lawsuit dependent on interest. This interest must exist from the first date of litigation to the date of settlement, according to what is applicable in Saudi, Egyptian, and Jordanian laws. The situation is different in France, the cradle of administrative law. Subsequently, some individuals may lose their rights. Therefore, the researcher believes that there should be a reconsideration of the continuation of interest along with the continuation of the administrative lawsuit and a modification of previous jurisprudence. This is a judicial principle that was previously laid down by the Audit Authority (currently the Supreme Administrative Court) in the Kingdom of Saudi Arabia.

The judiciary is based on the lawsuit. Any administrative conflict must be preceded by a lawsuit in order to be settled by the administrative judge. The lawsuit is the way to acquire judicial protection. It is a tool systemized by law to enable individuals to demand their rights and request judiciary protection before the administrative judiciary. The jurisprudential opinions and comparative judiciary regulations with their different types stipulate that any administrative lawsuit must be filed by the concerned party or his representative. Moreover, the concerned party must have a direct personal interest, and this interest must be effective.