سحب القرار الإداري غير المشروع

Abstract

In this research, we discuss a type of decisions issued by the administration and the position of the law and jurisprudence regarding them, which are illegal administrative decisions and how to treat them by their source, which is the administration, by way of withdrawal by the administration, within the period of sixty days from the notification of those concerned about it, and this period is the period of legal appeal before the judiciary Administrative, and the process of withdrawing the administrative decision during the period of judicial appeal is permissible and permitted by law with a retroactive effect, so that the decision ceases and all its legal effects generated by it disappear with it, in respect of the principle of legality as well as the principle of the stability of the rights and legal positions of individuals, which may not be compromised. The administrative decision is intended to produce legal effects, modify or cancel a legal situation, but if it violates this and is an illegal decision, the administration issuing this decision must act by withdrawing this decision within a period of sixty days.