سلطة الإدارة في سحب القرارات الإدارية المعدومة

Abstract

This research examines the administration’s authority to withdraw non-existent administrative decisions, a significant issue closely associated with the principle of legality. A non-existent administrative decision is one that is affected by a grave defect that deprives it of its legal existence, rendering it incapable of producing valid legal effects. The withdrawal of non-existent administrative decisions constitutes one of the mechanisms for terminating administrative decisions, as it provides the administration with an opportunity to rectify errors it may have committed. It also serves as a means of avoiding judicial challenges directed against defective decisions. Furthermore, the withdrawal of administrative decisions plays a vital role in promoting the principles of justice, equity, equality, the stability of legal positions, and the protection of individuals’ acquired rights. Withdrawal also represents a means through which the administrative authority expresses its intention to eliminate administrative decisions tainted by illegality. Nevertheless, the administration’s authority to withdraw its lawful decisions is restricted and may only be exercised within narrow limits in order to safeguard acquired rights. The research aims to clarify the concept of the non-existent administrative decision and distinguish it from the void administrative decision, as well as to explain the circumstances leading to the non-existence of an administrative decision. It also seeks to examine the administration’s role in withdrawing non-existent administrative decisions without being constrained by the statutory period prescribed for appeals, since such decisions do not acquire immunity against withdrawal. The study concludes with several recommendations, the most important of which is that the administration’s authority to withdraw its decisions is a restricted rather than a discretionary power. It also highlights a legislative deficiency in regulating the administration’s authority to withdraw non-existent decisions affected by serious defects after the expiration of the appeal period. Accordingly, the study recommends the enactment of a legal provision governing this matter in a manner that achieves a balance between safeguarding administrative legality and guaranteeing the rights and interests of individuals