Implementation of the Decision to Annul the Administrative Decision:
Comparative study (Kuwait, Egypt and France)
Dr. Bashayer Ghannam Al Deekan
Senior Legal Specialist at the Civil Service Bureau – Kuwait
Abstract:
All decisions issued by the Administrative Judiciary acquire – as a general rule – the authoritative order’s authority, as the annulment decision acquires an absolute authority and may be invoked against all erga omnes. The administrative body is committed to the implement it – based on the principle of legality – and it shall not deliberately disable it, otherwise the Administrative Judiciary will oblige it to compensate the concerned party, in order to maintain and protect the rights of individuals.
We shall discuss the implementation of the decision to annul the authoritative order’s authority through introducing its definition, evidentiary requirements, authoritative segments of the decision, we conclude with discussing the authority of annulling administrative decisions. We shall also discuss the implementation of the decision to annul administrative decisions. In this context, we will address the extent of commitment of the administration to execute the decision to annul the administrative decisions, forms of violating the commitment to execute it, its penalty when refraining from executing it. We shall also discuss forms of legitimacy of the failure to execute the decision to annul administrative decisions. We will conclude the discussion by addressing the penalty of the administrative authorities when refraining from executing the decisions.