Selecting the state for direct execution is not free from restrictions, as it is imagined; disobeying to every limit, but it has conditions and restrictions the executive power must fulfill before selecting this approach, the executive power recognized this matter recently, so it began to waive practicing this direct execution for condition it estimated in the light of general interest preferring resorting to jurisdiction firstly in spite of bad sense of some police administration that foreign from this field of law supremacy due to effects of this practice.
The administration may refuse resorting to administrative methods to exigent its right preferring to resort to administrative jurisdiction, claiming in the case firstly as it has a doubt in the integrity of its situation, afraid of falling in a faute, then requiring it with compensation.
Practicing the jurisdiction approach is the safest to the administration, because it avoids the administration every responsibility in executing its decisions, that execution is a right to the administration practiced on its responsibility, and may be a cause to judging with compensation against it if resorted to it out of its cases or excessed conditions determining using it.
We must put in mind that if the law provided a criminal penalty as a deterring sanction prevent from violating the state facilities, and whatever the imposed penalty on the violator might be, the administration satisfied with filling the criminal case and could not replace it with direct execution if estimated that penalty would be imposed is a silly and non-deterring because the method to do it is modification of legislations to aggravate the penalty, this is the second justification for resorting to jurisdiction.
Disciplinary prosecution is the final justification the administration may be resorted in jurisdiction, and the administration stands as an original opponent in the front of jurisdiction, calling for imposing the deterring disciplinary sanction on the violator employees due to their crime, either it is criminally prosecuted or is a immunize financial contravention, that means the administration would stand in the situation of claimer in the front of jurisdiction in abnormal situation in the cases that would be illustrated in detail in this thesis.
Mohammed, Mohamed Farouk
"The Rationale for the Executive Authority to Resort to the Judiciary,"
Journal Sharia and Law: Vol. 2016
, Article 3.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2016/iss65/3