الاتجاه الحديث في تفسير سكوت الإدارة

الملخص EN

It was a principle that was popular in France.

At the very least decades of time, the silence of the administration means rejection can exceptionally is acceptable, but in the opposite the latest legislation, including legislation, Egyptian and Iraqi administration did not adopt the general principle explains silent as in France, but the law is different between these two states: firstly, explain the silence was rejected the request, but secondly, was interpreted it acceptance.

Other hand, this technique as the cause of a serious threat to individual rights and guaranteed that protection by law.

So a French Legislator has a significant change in its attitude towards the traditional interpretation of the silence of administrative, through to change of the tradition principle, and change the exclusion is principle and the principle is exclusion by interpreting the administration silent is exceptionally, but the accepted can be rejected.

The main purpose of this research was to study the possibility of the evolution of a new principle of the administration silent is different from the traditional principle, as well as discovery materials applied in Iraq, to ensure the rights of individuals, enhancing confidence it in the administration on hand, and enough right to go the Courts to achieve the restoration of rights on the other hand, and does not enters to impair the interest of the administration.