القرار الإداري السلبي في الفقه والقضاء الإداري "دراسة مقارنة"
اياد يوسف مصطفى معطان
Iyad Yousaf Moustafa Moutan
This study dealt with an important topic that has long been subject of controversy and confusion in jurisprudence and the administrative judiciary, represented in the negative administrative decision, which in turn constitutes one of the formulas through which the administration expresses its desire to cause a specific legal effect towards the addressee. But this expression is not issued explicitly by the administration as is customary, even if it takes a form in which the administration does not express any explicit behavior when the law stipulates this explicit expression. Even it takes a standpoint in which it does not express any explicit behavior when the law requires it to do so. From that standpoint the negative administrative decision has become the subject of consideration and research in jurisprudence and administrative judiciary. Accordingly, and in order to identify the elements that underlie the negative administrative decision, this study was divided into two chapters, where the first chapter deals with researching the nature of the negative administrative decision and its legal structure, while the second chapter deals with the judicial applications of the negative administrative decision and the scope of its spread in all administrative and legal fields. This matter also required us to tackle the conditions for challenging the negative administrative decision, and how to stop its implementation, in order to make this study more comprehensive with regard to the negative administrative decision and its legal structure, as well as distinguishing it from other administrative decisions. In addition, it intended to research the conditions for challenging it and temporarily stopping its implementation by the administrative judiciary. All this is necessary for shedding light on the details of this decision. Based on the aforementioned, a set of results has been reached, the most prominent of which is the negative administrative decision, which is one of the forms through which the decision issued by the administration. Accordingly, a legal effect occurs to those who were issued against, and that makes that decision subject to appealing and requesting its cancelation. In addition, there is a possibility for some administrative courts to subject that decision to a stay of execution, if the necessary conditions are available for that. At the same time, we will find that there are deficiencies in the comparative legislations regarding not covering the aspects of the negative administrative decision within the texts of its legal articles in such a way that these legal texts can realize what the decision is based on. In addition, the negative administrative decision is distinguished from the similar decision, which is the implicit decision, and we refer here, in particular, to the nature of the authority that issued both decisions.