The Role of The State Council in Facing the Legislative Deficiency Regarding the Enforcement of The Administrative Decision

Abstract

Administrative law is an uncodified law, and this has resulted in the existence of many disputes and practical problems that were not resolved by legislative texts, so the importance of the role of the administrative judge in facing the lack of legislation by developing legal solutions to disputes and problems that the texts of the legislation were devoid of regulation, and among these problems were those related to the enforcement of the administrative decision, the subject of this research.

 The enforcement of the administrative decision is intended to invoke the contents of this decision in the face of individuals and the administration alike, where the administrative decision is not only implemented in the face of individuals but is also implemented in the face of the administration, so that it arranges rights for each of them and imposes on them obligations generated by this enforcement.

Attention in the present research was focused on clarifying the role of the administrative judge regarding the enforcement of the administrative decision, starting with his identification of the nature of that enforcement, passing through his role in suspending the enforcement of some decisions on the condition or availability of financial credit, and ending with his role in deciding the administration’s withdrawal and cancellation of those decisions.