أثر تغير الظروف القانونية على مشروعية القرارات الإدارية : دراسة مقارنة

Abstract EN

Due to the controversy it raises in many of its aspects, this topic has a distinct place amongst specialists in administrative law.

Examining the legitimacy of administrative orders requires ensuring that there exists a legal rule governing such decisions and knowing whether the management has a discretionary power or limited by law.

Consequently, change of the legal conditions related to the administrative decision, whether it is an organizational or individual one, may terminate the decision implicitly, like when a new legislation whose provisions are not in line with the decision implementation is promulgated, the new legislation may cause the administrative decision to be withdrawn or cancelled.

The legal conditions may take the form of a constitutional, legislative, organizational, or customary rule; that is it can be represented by any legal rule regardless of its source.

The most notable questions this topic may raise are related to the effect of the change of the legal rule based on which the administrative decision was issued, whether such change is made in a retrospective effect or not, and what the effect of amendments in the legal rule on the legitimacy of the administrative decision is.