Legal remedies for the impossibility of implementing administrative court rulings

Abstract

It is well known that a court ruling represents the truth, and its implementation means transforming it from theoretical reality to practical application. Since court rulings issued by the administrative judiciary are fundamentally based on the principle of legality, which the parties to the dispute must respect and ensure their implementation, the natural end of any court ruling is implementation. Implementation is the primary goal and original objective of filing a lawsuit.

The study concluded by stating the principle of mandatory implementation of administrative judiciary rulings, with a statement of the validity of the rulings issued by the judiciary, whether they are relative or absolute, and it showed the obstacles and impediments facing the implementation of those rulings, which reach the point of impossibility. The impossibility may be legal, represented by a legislative correction that gives the annulled administrative decision the characteristic of legitimacy, and the impossibility may be material, personal, or circumstantial.

Therefore, the study showed the modern trends adopted by comparative law, which are represented by compensation for the harm suffered by the injured party in whose favor the judgment was issued, with the legislator basing this on the theory of risks or equality in bearing burdens.

The researcher concluded with some proposals, the most important of which is expanding the powers of the administrative judge, by giving him the means that enable him to ensure the implementation of administrative judiciary rulings. The researcher also suggested to the legislator to specify a time period for implementing administrative rulings.