دعوى إلغاء القرار الإداري في القانون المغربي و القانون الأردني : بحث مقارن

الملخص EN

The present study investigate what does the action of annulment affect the administrative decision? The subject of this study raises many questions as to who has an interest in filing a lawsuit and claiming damages arising from the invalidity of the administrative decision, despite the novelty of the subject matter, compared to other legal issues.

The legal texts on the subject of administrative decisions and their consequences and the weakness of the relevant laws are reflected in the constitutions of States, including Morocco and Jordan.

There is no competent law as a unified text with a legislative regulating law, but there is a law on the administrative judiciary in the Kingdom of Western and Jordan.

The study was based on clear constitutions and laws in general reality and the cases before the administrative courts of the two States and through our study on this subject.

Although harm and interest is the main pillar of administrative responsibility, whether based on the wrongdoing and issuing the decision, it is not necessarily possible to conclude that the contract of the administration may only result in compensation for the occurrence of damage The administrative jurisdiction of compensation and the right to institute proceedings is such that it is possible for the administration to withdraw the administrative decision before it is implemented.

It is even possible to amend the decision and it can also be annulled before the injury occurs and before the case is brought.