دور القضاء الإداري في الحد من الأثر الرجعي لحكم الإلغاء : دراسة تحليلة مقارنة

Abstract EN

The rule in the administrative system and law is that the effects of administrative decisions apply to the future, and do not apply retroactively to the past in respect of acquired rights and legal positions that took place under a previous legal system, and respect for the rules of jurisdiction in terms of time, and it is recognized that the rule of non-retroactivity of administrative decisions is the rule Imperative and the penalty for its violation is the invalidity of the administrative decision with retroactive effect, with the exception of some cases that allow this retroactive effect, and the principle of non-retroactivity of administrative decisions is based on several considerations in modern legal thought.

There is no doubt that the administrative judiciary plays an important role in limiting the retroactive effect of cancellation rulings in order to preserve the legal positions that have been achieved and stabilized since the issuance of administrative decisions, whether they are organizational or individual decisions.