The rol of the administrative judge to compel the administration to implement the provisions of the State council Acomparative study (Syria – France)

Abstract

The issue of the execution of decisions issued by the State Council is one of the important issues in the field of administrative law, wher the value of the judiciary emerges during the execution of its rulings. On the ground, and in frount of the practical reality witnessed by the court of the State Council of non-execution of decisions, the administrative judge, as well as the legislator, devised many means to activate his role in execution.

    This role was traditional and is reflected in the administrative lawsuit, whether it was a cancellation or compensation by refraining from execution. In the face of the shortcomings of the traditional role of the State Council and in the face of doctrinal pressure, the legislator intervened and invented many solutions to be the effective solution to the dilemma of non-execution of the decisions of the State Council.

    It was among these solutions; the solution is to give the administrative judge the authority to direct the judicial order to the administration that refuses to implement. this requires the Syrian State Council to abandoning its negative approach towards the execution of its decisions, and following the example of the position of the French legislator in the field of directing judicial orders to the administration, by issuing legislation that allows the administrative judge to issue orders to the administration.