الإشكالات القانونية لوقف تنفيذ القرار الإداري : دراسة مقارنة، فرنسا، مصر، الأردن

الملخص EN

The general rule stipulates that the appeal against administrative decision does not stay its execution (the rule of the effect that does not stay the execution of the appeal).The purpose of this rule is that, if the appeal against an administrative decision stays its execution, this would disrupt the function of public utilities what would lead to prevent such utilities from providing services to the public, and accordingly the damage to the public interest.

But there are some cases where the execution of administrative decision leads to severe consequences that cannot be remedied when staying the execution of administrative decision.

For this, administrative legislator - in the countries of comparison - granted the individuals the right to request staying the execution of administrative decision under certain conditions in order to make judiciary acquainted regarding the staying the execution of such decision to guarantee that the administration does not misuse the execution of its decisions.

But some of these conditions may be unfair to individuals, for example; when staying the execution request is combined to the request to revoke such decision.

The condition may be exaggeratedas is the case with the Jordanian legislator who requests the provision of a financial guarantee by the person who requests the stay execution.

Conditions may be incomplete, as is the case in the Egyptian and Jordanian legislations that do not provide for the requirement of "seriousness".

Therefore, the current study emphasizes the need to abolish the condition of "financial guarantee " found in the Jordanian legislation and the clarification of the condition of "the combination between the request of stay of execution of the decision and the request its revocation through the amendment of Article 20 of High Court of Justice Act no.12 of 1992 so as not to deprive the individuals from the purpose for which stay of execution was developed, whereas there are some cases where the reasons of stay execution do not become clear but after they sue or become unable to provide the financial guarantee..The current study recommends that the requirement of "seriousness" shall be stipulated as the case is in the French legislation.