دور القضاء الإداري في حماية مبدأ الشفافية: دراسة مقارنة

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

fd93a64d-4d35-4739-b6cf-41cfe46d0cb8

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf text

أسماء الملفات

854486_1.pdf

بيانات النشر

ترجمة العنوان

The role of administrative judiciary in protecting the principle of transparency: A comparative study

ألقاب المؤلفين

[{"name_ar":"كرار حاتم سلطان","title_ar":"اعداد","title_en":"Preparation"},{"name_ar":"وليد حسن حميد الزيادي","title_ar":"اشراف","title_en":"Supervision"}]

اللغة

Arabic

المصدر والدورية

اسم المصدر

دور القضاء الإداري في حماية مبدأ الشفافية: دراسة مقارنة

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

The principle of transparency is one of the best principles in combating and eliminating corruption in all its types and forms. It is one of the modern terms that has become widely used by the competent authorities and agencies in combating corruption, with the aim of informing the public of what the public authorities are following in reducing undeclared policies, which contributes to creating an environment that helps combat corruption and not be ambiguous. Perhaps the principle of transparency is not a single block that does not consist of elements, but rather it has elements that are composed of it, and they are called the pillars or foundations of transparency, the most important of which is the pillar of public information by disclosing all administrative actions to the public without secrecy or concealment except for classified information, as well as the pillar of simplifying procedures. The objective element of the principle of transparency and the administration's obligation to provide the information and data required by individuals, which is a human right, is represented by obtaining information, and there are controls that must be taken into account, including that the request for information and data be legitimate, and that this information be specified accurately so that the administration can respond to it and not leave it broad and vague, so measures must be taken to disseminate information through the existence of known laws, as legislation is not included in most cases and is not an absolute rule.There are restrictions on the principle of transparency that do not hinder its final application in the work carried out by the executive authority, but necessities sometimes impose restrictions on its implementation, including the restrictions on the principle of transparency to protect the public interest, including the security sector, such as not disclosing decisions and actions taken in this sector, as this sector requires secrecy and confidentiality due to its relation to the public interest. This is not limited to it, but extends to other sectors. There are also restrictions related to the private interest of the public or individuals that prevent its final application.The manifestations of transparency are embodied in the pillars of the administrative decision in all the pillars of which it is composed (competence, form and procedure, subject matter, reason, and purpose). We find transparency and confidentiality in each pillar, so a balance must be achieved between them so that the administrative decision enjoys respect for the principle of transparency and expresses the integrity of the administration. There are administrative decisions that include an attack on the freedoms and rights of individuals, and what is between them of the interconnection between interests and rights. One of the most important tools necessary to combat corruption in administrative contracts is the principle of transparency, which is represented in preventing the waste of state funds and tampering with its economy and capabilities and preventing the administration from misusing its power

كلمات الباحثين

الشفافية - حماية الشفافية - القضاء الإداري

إشراف وإعداد

الإشراف

وليد حسن حميد الزيادي

الإعداد

كرار حاتم سلطان

الاقتباسات الببليوغرافية