مبدأ الأثر غير الموقف للطعن بالإلغاء | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 1, May 2023, Pages 421-443 PDF (552.13 K) | ||
| Author | ||
| م. د. محمد نعمه ضافي الغالبي | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| administrative decisions are one of the most important legal means of the administration, and one of its privileges that help it achieve its goals. When an administrative decision issued, by the appropriate authority, fulfilling all its pillars and elements, it is implemented immediately, without dependent on the knowledge of individuals, and then the administration can implement it, but without harming the individuals, because administrative decisions cannot be applied to them unless they knew about them, through formal means of knowledge.However, the decision may be defective in one of its pillars, which compels the victim to file a lawsuit before the administrative court, and the principle is that filing a cancellation lawsuit before the administrative judiciary to appeal a specific administrative decision does not affect the implementation of the contested administrative decision, according to the principle of non-positional effect of cancellation, but because this principle had serious effects, especially if the implementation of the administrative decision resulted in damage to the interests of individuals, which may be irreparable or difficult to repair if the decision was implemented and produced its effects. Therefore, in order to avoid this dangerous and negative impact of the principle, another exceptional system was founded, which is known as the suspension of implementation.In this research, we will try to explain the original principle (the unstable effect of appealing the cancellation), and the exception (the suspension of the implementation of the administrative decision) through three subject matters in which we explain the concept of the origin and the exception and their justifications. | ||
| Keywords | ||
| administrative decision; suspension of execution; non-stop effect; cancellation; administrative judiciary | ||
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