Abstract

The lawsuit is considered the usual way for individuals through which they can resort to the judiciary. It is known that the right to litigation is guaranteed to everyone. In principle, the court considers the administrative lawsuit filed with it continuously, meaning that it proceeds according to regular and continuous procedures, until the ruling is issued that ends the dispute between its parties, whether that ruling is in the interest of the plaintiff filing the administrative lawsuit or against his interest. Since the lawsuit is not just a means of protecting rights, which requires its rapid resolution in order to achieve the interest of the individual in particular and the interest of society in general, and filing the lawsuit and linking it to specific requests makes it subject to suspension, as the ruling on it depends on investigating its facts or determining the rule of law regarding it, but the lawsuit may be suspended before that not because of the ruling but in order to prove a fact or a specific right or claim. The litigation procedures before the administrative judiciary are characterized by being positive procedures based on the direction of the administrative judge, and perhaps the reason for this is due to its specificity, which makes the judge bear the burden of proceeding with the administrative lawsuit and directing the procedures in it until the end of the dispute, so the administrative judge plays A major role in directing the procedures without waiting for what the opponents will do, as when he looks into the case, he rules according to the law, aiming to achieve justice between two unequal parties, as each party represents an interest and an unequal nature, one of which is superior to the other. In fact, this is a positive characteristic in administrative pleadings that gives the judge that possibility, prompting him to expose the arbitrariness of the administration and support the weak party in the case. Rather, it works to achieve a fair balance in the administrative case with positive dominance over all administrative litigation procedures.