تنفيذ احكام القضاء الاداري

Abstract

Abstract The importance of the subject of the study (execution of the judgments of the Administrative Justice) situated in the huge role played by the Government in the life of ordinary individuals and its intervention in many aspects of life thereof. As well as the novelty of the subject which has not been tackling with the study in Sudan before, despite its obvious importance. And what increases the importance of the subject is the huge role played by the legislature, jurisprudence and the administrative justice in the question of execution of judgments. The researcher used the comparative methodology as an essential method to highlight the differences between the unified system of justice which followed by the Great Britain and the countries that move in its orbit like Sudan, India and State of South Sudan after its succession from Sudan; and the system of dual judiciary, which followed by the French legislature and Egyptian one. We divided the study into four sections. In the First Section we discussed the issue of execution of judgments in general and the requirements and essentials thereof, The Second Section has been specified to the issue of execution of judgments of the Administrative Justice, therein we clarify the shapes and modes followed by the Government in order to disrupt the execution of judgments against it, and the causes invoked by the Government in achieving this goal, The Third Section discussed the means to be used as incentives for the Government to excuse the judgments in both the unified system and the dual system of justice; The Fourt and last Section we discussed the penalty upon refraining execution of Administrative Justice judgments, therein we clarify the suit of abolishment of decree against res judicata, the civil liability of the Government and employees thereof upon non- execution as well as the disciplinary responsibility of the public servant upon his omission to execute the judgments. ٧ We concluded the study by some results and recommendations, the most important thereof is the possibility of accountability of Government and its employees, in lieu of civil responsibility, whenever the pillars of such responsibility, mistake, damage, causation, been available, and the probability of initiating suit for annulment of decree for violating res judicata is proven; also of the results is the possibility of accountability of public servant for refraining execution of the judgment in disciplinary and criminal tribunals; and of the most important recommendations is the necessity of a specified punishment to be inflicted upon omission executing the judgments, and the public servant must be beard, alone, the burden of compensation decreed upon refraining execution of the judgments.