Entitled ‘Issues in the Enforcement of Administrative Court Judgments and Decisions’.

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Boutaleb Hadjer

Abstract

The topic of difficulties in enforcing administrative court judgements against the administration is important because it raises complex and sensitive legal and judicial issues. This is because the administration infringes individuals’ rights and freedoms due to its special public authority prerogatives. Through these prerogatives, it can avoid enforcing court judgements, especially administrative ones. Consequently, the principle of res judicata (the binding force of a final judgment) is undermined, despite administrative court rulings possessing this principle. This creates a significant discrepancy between litigants’ trust in administrative courts and the practical obstacles that prevent judgements from being enforced.


This situation poses a serious threat to the prestige of the administrative judiciary by undermining individuals’ expectations that it will provide a safe refuge against the administration’s arbitrariness. We address the enforcement of administrative judicial decisions issued against the administration, relying on our own experience, whether legislative or judicial, because the administration often refuses to execute these judgements and ignores its legal obligations.

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