سحب القرار الإداري كأحد صور إنهاء القرار

الملخص EN

Administrative decisions are one of the most important manifestations of the administrative authority's privileges, It is also its preferred means of carrying out its multiple and renewed functions at present; For its speed and effectiveness in administrative work, The possibility of deciding solely on matters without having to obtain the consent of the stakeholders, or even their assistance, by establishing rights or obligations for individuals, in addition to the ability of the administration to implement them directly and by force.

The administrative decision can be defined as the disclosure of the administration's will in the form required by law of its own will and binding on its public authority, under laws and regulations, This is intended to create legal status when it is permissible and legally feasible; In order to achieve a public interest.

Administrative law recognizes discretion or some degree of discretion of public administration in the direct conduct of most Its jurisdiction and legal responsibility as the custodian of the public interest, In application of this discretion by the legislator granted to the administration, has given it the right to withdraw some of its decisions, if these decisions are illegal by law, or they are inappropriate decisions; In the interest of the public interest and the proper functioning of public utilities, and to alleviate the burdens of the judiciary.

It is undisputed that the administrative body may withdraw defective decisions due to the illegality, such as administrative decisions that do not generate rights or considerations of inappropriateness.

As for legitimate administrative decisions, is it permissible for the administrative body that issued the decision to withdraw this legitimate decision? The judiciary of the Egyptian State Council and its French counterpart have settled that a sound administrative decision may not be removed except in accordance with the limits established by law in this perspective.

This rule is based on the non-retroactivity of illegal administrative decisions, as it was formulated in the form of an integrated theory with rules and conditions, formulated by the State Council.

French, and quoted by the Egyptian State Council.

The withdrawal of the illegal administrative decision is considered a kind of penalty imposed on itself by the administration.

As a result of issuing an illegal decision, it saves itself from receiving that punishment from the administrative judge, if an individual appeals before him the illegality of that decision, which makes him a judge to cancel it inevitably.

The study concluded to not expand withdrawal of legitimate administrative decisions, this approach doesn’t only contradict the principle of non-retroactivity of administrative decisions, which is based on considerations of respect for acquired rights and personal positions, but also because this idea is related to the practicing of administrative competencies; Because this would open the door wide and establish it as an administrative custom that presidents resort to in search of populism and survival, especially organizational decisions, even if they are not applied individually.