The Development of the Principle of Legal Security and its Impact on Postponing the Effects of the Annulment Ruling
Prof. Mohammed Fawzi Nouigi
Professor of Public Law
College of Law, University of Qatar
Abstract:
This research paper deals with clarifying the legal insecurity problem, an issue which has become necessary to find solutions for, especially after the efforts made by the French administrative judiciary to maintain it through the creation of some judicial theories. But after the integration of France into the European Union, as international law in it occupied a higher status than internal laws, and with the increase of international agreements and commitments, France found that some European countries determined this legal insecurity principle legislatively. This also appeared before the European Court of Justice and the European Court of Human Rights, which led to the development of the role of the French State Council on this principle, as the French Council of State continued for a long period to rule that the nullity of the administrative decision includes the retroactive expiry of the decision since the date of its issuance. This lasted until 2004 when judicial rulings were issued in which it was decided to postpone the effects of the annulment decision to the administrative decision for a period to establish a balance between the principle of legality and the principle of legal security.
The research in this topic aims to identify the development of the principle of legal security and what the French Council of State has reached to preserve stable positions and develop its provisions by not deciding the annulment ruling directly on administrative decisions. It made mistakes during the appeal period, and until the decision was changed to avoid a ruling to cancel it. There is no doubt that the development of the French State Council to preserve stable legal centers is an important matter that requires research, study, and statement of the position of both the Egyptian and Qatari judiciary. A set of conclusions and recommendations have been reached that we hope to implement them.
Keywords: administrative decision, legal security, non-retroactivity of administrative decisions, withdrawal of administrative decisions, effects of annulment ruling.