عيب عدم الاختصاص في دعوى الإلغاء

Abstract EN

The defect of lack of jurisdiction is the most obvious defect in the administrative decision when the decision is issued by someone who does not have the jurisdiction to issue it from another party.

The purpose of this study was to extract some important results that we reached, the most important of which are: The simple defect of lack of jurisdiction leads to the invalidity of the administrative decision relatively, i.e.

the possibility of canceling the decision by the administrative judiciary if the annulment lawsuit is filed on specific dates for that and it follows that the court does not rule it on its own, but rather it must be raised before it by one of the opponents or from before the stakeholders, and this decision is reversed valid and fortified by the expiry of the sixty days deadline for appeal.

The defect of serious non-competence leads to the absence of the decision and its absolute nullity, and the administrative decision being considered non-existent, that is, it does not adhere to the sixty-day deadline for the claim of cancellation and does not gain immunity.