الاجراءات الجوهرية في القرارات الادارية
Date
2020-06-02
Authors
عبد الناصر محمد عبد الحافظ حسين
Abed Alnaser M. A Hussein
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
This study aims to demonstrate the importance of the rules of form and procedures that the administrative authorities must respect when preparing their decisions, especially the rules defined by legislation, including formalities and procedures, a rule that corresponds to formalities and procedures when amending or canceling their decisions, the rule of taking prior opinion and the rule of causing administrative decisions.
The administrative activity includes all the material and legal actions and actions issued by the administration. Administrative decisions are an important topic because the administrative decision represents the most important privileges of the public authority and the most effective means in management, as it is inconceivable that the administration moves without it, as it is the effective mechanism through which it expresses its will, but On the other hand, we find that the administration is restricted in issuing its decisions and is governed by the principle of legality in the sense that its decisions are subject to the rule of law in order to guarantee the rights and freedoms of individuals. The administrative decision as a legal act on the administration’s side goes through several stages until it appears to the external presence in the form required by the law to arrange its effects. The source of the decision has issued his will in a proper manner and with disciplined procedures, so he will move on to present his will to the outside world as required.
Therefore, the defect of form and procedures is one of the defects that affect the administrative decision, and before it is a defect, it is one of the pillars of the administrative decision without which the administrative decision is not correct. The
man of the administration is obligated to void his will in the manner determined by the law. He has a lack of respect and neglect of the procedural and formal rules prescribed in the laws and regulations governing the issuance of administrative decisions, whether that neglect is total or partial.
The administrative activity is one of the oldest manifestations of the state’s activities, and it is not possible to imagine the existence of a state without managing systems that are the regulating organ of the state’s relationship with its bodies and individuals, so there is no living in isolation from it, and therefore this message concluded that these formal and procedural rules must be observed before the administrative authorities to achieve A kind of balance between the public interest and the private interest in addition to achieving the principle of legality.