"The Legal and Judicial Bases of the Illegality of Administrative Decisions Related to Building Permits and Urban Planning Schemes"

Abstract

This research examines the legal and judicial foundations of illegality in decisions related to urban planning instruments and means, by analyzing the principles underlying the rule of law and the limits that the administration must respect when exercising its powers in the field of urban development. Urban planning permits and master plans are among the most important tools of spatial regulation; however, they may sometimes be issued with legal defects affecting competence, form, cause, or purpose, rendering them subject to judicial annulment. The study focuses on the legal framework governing urban planning instruments in both the Algerian and French systems, as well as on the judicial criteria used by administrative courts to determine illegality, through an analysis of relevant case law. It also highlights the complementary roles of the preliminary administrative appeal process and judicial review in correcting administrative déviations and ensuring compliance with the principle of legality in urban planning decisions. In light of this, the research concludes that illegality in urban planning decisions reflects an overstepping of administrative boundaries, and that administrative justice plays a key role in upholding legal certainty and strengthening citizens’ trust in public administration through effective judicial control over bot regulatory and individual décisions.