الحالات التي لا تشكل سندا لمطالبة الإدارة بالتعويض عن قراراتها الإدارية

Abstract EN

There are cases in which the administration that issued the administrative decision avoids paying compensation for legitimate reasons, because this does not constitute an argument giving injured parties the right to seek compensation from the administration.

Those are three cases: First one: The first case consists of the annulment of good individual administrative decisions, preceded by other Administrative decisions not giving rights and administrative decisions granting rights not subject to cancellation or modification by virtue contrary decisions, in accordance with the conditions and procedures provided for by law.

An example of this is the annulment of the decision administrative dismissal due to negligence of the workplace, annulment of the decision to appoint a civil servant by way of administrative release for lack of professional qualification, also the annulment of individual administrative decisions and organizational administrative decisions according to the requirements of the public interest.

As for the second case, it is represented by the withdrawal of valid administrative decisions preceded by administrative decisions that do not generate a right, as well as legitimate disciplinary decisions related to the dismissal of trainee for humanitarian reasons, as well as the withdrawal of administrative decisions.

While the third and last case is to suspend the administrative decision by the administration itself, consequently the latter suspends its decision either an explicit moratorium or an implicit moratorium.