التنظيم القانوني لسلطة الإدارة في الغلق الإداري دراسة مقارنة

Legal regulation The administration has the authority to impose administrative closure

Abstract

Activities were initially restricted to ordinary individuals, specifically in the economic, social, and cultural fields. However, after the French Revolution, transformations appeared in the role of administration, as it resorted to engaging in activities that were monopolized by individuals, as well as the emergence of the principle of separation of powers in a new form, where separation became separation. Flexible, based on balance and cooperation. All of this led to the administration being burdened with many basic duties, and one of the fruits and results of this burden was the administration’s recognition of imposing general administrative penalties on ordinary individuals outside the framework of the administrative contract and the employment relationship, and one of these penalties is the administrative closure of establishments that violate the laws.
This administrative closure is an in-kind penalty that is considered a double-edged sword. It is one of the effective means of administration in preserving public order with its three elements, public health, public security, and public tranquility. It is imposed by the administration without resorting to the judiciary, and this matter achieves the effectiveness of the administration in controlling it. Administrative. On the other hand, granting the administration judicial and legislative authority to determine and impose administrative closure would be a reason for violating the principle of separation of powers. Also, this matter would open the door to taking away some freedoms and rights such as the right to work, the right to ownership, and the right to exploit facilities. And act on it.
In addition to the above, when the administration is granted the authority to impose administrative closure pursuant to an illegal administrative decision, this decision will have material effects towards the owner of the establishment that has been closed and its activity has ceased, which may be in the form of his daily income and livelihood being disturbed, and in addition to that, there are moral effects that may The result of administrative closure appears in the form of damage to his reputation, business, or professional activity. These effects will also extend to affect the employees of the establishment in terms of their wages and affect their lives, which leads to the spread of unemployment among them, thus affecting the state’s economic, social, and political situation. There are also damages that will be caused. Beneficiaries of the activity that stopped as a result of the administrative closure.