التعريف بمبدأ عدم الرجعية في القرارات الإدارية

الملخص EN

The principle of non-retroactivity in the administrative decisions of the past in general is that the result of legal action is not reversed prior to its entry into force, because it leads to prejudice to acquired rights, disturbance of transactions and instability in society.

The principle of non-retroactivity of administrative decisions applies to administrative decisions And the administrative and regulatory decisions.

The consequences of violating this principle are nullification of decisions issued retroactively, because the administrative decision has no effect only on the future, and the judge may cancel the administrative decision when it is retroactive without explicit permission in the legal texts.

The principle of non-retroactivity in administrative decisions is one of the rules that can only be violated by law.

Therefore, the principle of non-retroactivity is a public order and can only be violated by law.

It is also a rule of interpretation, The administrative ambiguity in its existence as a mandatory rule of interpretation, therefore must explain the uncertainty in the history of the administrative decision in the course of non-retroactivity.

And despite the fact that the legislative texts that organized the subject of retroactive laws in France, Egypt and Iraq were all free of reference to the subject of retroactive administrative decisions on the past, so the principle of non-retroactivity of administrative decisions of the principles recognized in the jurisprudence and administrative justice, whether in France or Egypt, This is the result of general and individual organizational decisions, and therefore it makes sense that administrative decisions comply with this rule and do not apply as a general rule retrospectively to the past.