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The main objective targeted by the Council through the performance of his attributions is the control of the legality of the administrative work executed by the public authorities, whether an advance control, through performing his consultative functions, or subsequent through annulling the administrative decisions tainted with illegality. It applies the material consequences of violating the legality principles in full jurisdiction justice where the Council adjudicates damages, when the liability of the public authority is established, fixes the amount of due taxes or duties in litigations concerning taxes and duties or announces the true results in disputes concerning the elections of the local administrative boards (municipalities…).
In the course of performing his consultative functions, the opinion given by the Council is not binding to the administration. However, omitting to consult the Council in imperative matters (draft legislative decrees, regulatory, decrees, decisions and circulars) and issuing the text thereof including material amendments, which were not submitted to the Council, constitute a violation to basic principles, which in turn are considered a violation of public policy calling for annulment when the concerned text is challenged in court.
As concerns petitions for annulment, the Council shall examine the petitions for annulment, on grounds of ultra vires acts, or requests for interpretation or appraisal of legality concerning the decrees and regulations of administrative character whether relating to individuals or systems. Reasons invoked for annulment, as provided for in the Council’s Statutes and adopted by constant doctrine and jurisprudence, are: non jurisdiction (issuance of an administrative decision from a non competent authority); violation of material principles (issuance of the decision in violation of the basic procedures stipulated in the laws and regulations); violation of the law (issuance of the decision in violation of law, regulations or res judicata decisions) and distortion of authority (taking a decision for a purpose other than that the law allowed the authority to take). In disciplinary litigations, court decisions consider disregarding the right of defense and the obvious error in evaluating the proper sanction as a distortion of authority.
As regards the full jurisdiction in contentious matters, the Council decides the claims of damages for the prejudice resulting from public works or the operation of public utilities, the litigations relative to concessions, administrative contracts, transactions, undertakings, the litigations concerning licenses for creating and exploiting classified establishments, construction licenses and litigations relating to occupation of public domain properties or direct and indirect taxes.
As a court of full jurisdiction, the Council decides on petitions concerning the elections of municipal councils, and all other local administrative councils and Bodies
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