مقارنة بين القرار الإداري المضاد و السحب و الإلغاء الإداري : دراسة مقارنة

Abstract EN

A comparison can be made between withdrawal, cancellation and counter-decision, as it is one of the administration's means of finalizing its decisions as follows: Withdrawal It is considered that the administrative decision is stripped of its legal force not only for the future but also for the past, and that the withdrawn decision is as if it was not from the date of its issuance, and the effects of the withdrawal decision are retroactive, meaning that the decision that was withdrawn was not from the time it was issued, The withdrawal also has conditions that must be fulfilled, which are that the administrative decision to be withdrawn is illegal, that the withdrawal is made by the competent authority, and that the withdrawal takes place within the legally specified period - the time for the judicial appeal of the cancellation.

annulment it is intended to nullify the administrative decision and strip it of its legal effects for the future only while the effects it produced in the past remain.

-counter-decision it means issuing a new decision that is limited to amending or canceling a sound individual administrative decision, and it is applied only within narrow limits and in accordance with the conditions and procedures stipulated by the law.

As for the effects of the counter-decision, it is limited to the future, without prejudice to the effects of the previous (withdrawn) decision in the past.