Features of Applying the Budget Theory Between Benefits and Damages in the Field of Dispossession for the Public Interest – Comparative study (French – Egypt – Morocco – Libya – Jordan)

Abstract

The public intrest is entrusted with private property dispossession and as a result of the expansion of the concept of the public benefit; judiciary is imposed on to practice effective control upon the estimation authority for the administration in estimating the aspects of public benefit to stop the deviation aspects that may spoil its decisions. Among the result of the successive judicial development passed by French State Council was the inventing of new theories seeks through to realize an effective control upon the administration estimations in all their administrative activity field. Among these theories is the budget theory between benefits and damages established via its decision issued in the case of (Ville Novelle Est) dated 1971/05/28. In the light of this theory, the French State Council started to make the budget theory between benefits and damages or the privileges and damages that may be imposed upon the decisions issued by the administration to dispossession for the public benefit and estimating the legitimacy of these decisions as a result of that. So we will tackle in our humble research the concept of balancing between the benefit and damages in the field of possession and attitude of doctrine whether it is with or against applying and adapting them and the pretension of each one. Then we will illustrate the most important application of the French administrative judging for the theory of balancing in the field of possession in. We will also talk about the attitude of the Egyptian and the Moroccan and the Libyan and the Jordian administration judging from this theory, after that we will conclude with the most important result and recommendation which we research in our humble research.