Administrative Compulsory Execution as a Means of Protecting Public Funds

Abstract

This research investigates the legal framework and practical implications of "Administrative Compulsory Execution" as a specialized mechanism employed by public authorities to protect public funds within the Libyan legislative context. Public funds represent the essential pillar of state activity, requiring robust legal protection to ensure the continuity of public services and national development. The study highlights that administrative compulsory execution is an exceptional power granted to the administration, allowing it to recover its dues and assets directly from individuals or private entities without the prior necessity of obtaining a judicial ruling. This authority is derived from the principles of administrative privilege and the overarching necessity of the public interest, which presumes the legality of administrative decisions. The research meticulously examines the strict legal conditions governing this power in Libya, emphasizing that it must be based on explicit statutory provisions, such as those found in the Labor Relations Law, the Local Administration Law, and the Urban Planning Law. Furthermore, the study explores the critical balance between administrative efficiency and the protection of individual rights. It analyzes the role of the judiciary in overseeing these procedures through the lenses of legality, proportionality, and the right to compensation or stay of execution. The research concludes that while compulsory execution is a vital tool for combating financial corruption and ensuring fiscal stability, it must remain subject to rigorous judicial and administrative oversight to prevent any potential abuse of power. The study recommends unifying relevant legislation and modernizing recovery systems to enhance transparency and speed.