The New Judicial Control over the Discretionary Power of the Administration in Decisions to Expropriate Public Property Through The Theory of Balancing Between Benefits and Harm

And Dr. Sam Suleiman, Mohammed Nasser Rashid Mohammed

doi:10.21608/mjle.2024.344336

The New Judicial Control over the Discretionary Power of the Administration in Decisions to Expropriate Public Property Through The Theory of Balancing Between Benefits and Harm

Document Type : Original Article

Author

Mohammed Nasser Rashid Mohammed And Dr. Sam Suleiman

College of Law - University of Sharjah

10.21608/mjle.2024.344336

Abstract

The first implementation of the theory of Balancing Between Benefits and Harms in the French administrative judiciary was in the field of judicial control over the discretionary authority of the administration, in light of cases of an economic nature in general, and specifically in cases related to expropriation for the public benefit where the administrative judge evaluates the administrative procedures for expropriation, and his role appears particularly in examining whether the process proposed by the administration has the description of public benefit so that it can be accomplished through the expropriation procedure , here he conducts the theory of Balancing Between the Benefits and Harms of the project. This was in the context of a case brought before the French Council of State in 1971, known as (The New Eastern City - Ville Nouvelle Est), where the Council was able in this judgment to put a set of concepts and controls for the work of this theory, and formulated it.

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