الضمانات القانونية للمواجهة في الدعوى أمام القضاء الاداري "دراسة مقارنة"

Abstract

    The administrative dispute is It is characterized, characterized by an imbalance between its two parties. One party is characterized by the position of power represented by the administration, which is always in the position of the defendant.  Because it does not need to resort to the judiciary to implement its decisions, it implements its decisions based on the means of public law, in addition to the administration’s possession of all documents, and another party whose position is characterized by weakness represented by the extent that does not have any privilege towards its opponent - the administration, for this reason and to ensure the achievement of procedural justice in  The administrative lawsuit and restoring the lost balance in that dispute. The principle of confrontation appeared to us, which means the right of each opponent to know everything that his other opponent presents in the lawsuit in terms of evidence, documents, requests, and defenses, and to be given sufficient judicial time to study the evidence presented in the lawsuit, and then express his defenses for what was done.  Submitting it in the case, and to ensure confrontation in the case, means were created to achieve it, including legal guarantees such as the right to access and a time limit, and some of them are judicial, such as the judge’s respect for confrontation in the case and the oversight that the court imposes on the opponents in order to achieve confrontation, thus avoiding procedural fraud.