الفهرس 
مقدمةيوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
The administrative decision is the administration’s expression of its binding will with its authority under the laws and regulations with the aim of establishing a specific legal center, abolishing it or modifying it whenever that is permissible and legally possible and the motive is to achieve a public interest and this decision is the basis and subject of the endowment request, if there is no decision Positive or negative attributed to the administrative body, the endowment request is not acceptable due to the failure of its mandate and the selection of the administrative decision. The person concerned resorts to it with the papers he presents, and it assumes its powers and asks it to take a specific decision in the light and documents that prove that it is in a specific legal position that obliges it to take that decision.
This means that the decision is issued by the administration alone, which distinguishes the administrative decision from the administrative contract that is issued by an agreement of two wills, whether these two wills are for two people of public law or one of them is for a person of private law, but this saying does not take it in an absolute deal, it may impose The law, in certain cases, the administration must participate with other administrations before signing the decision. As if it comes to a building or demolition permit, before the decision is issued, it is legally obligated to refer the file to the bodies specified by the legislation or regulation to express their opinion, and this never contradicts the unilateral character of the decision.
We are also in the process of a unilateral administrative decision, even if the administration acts based on the will of the individual, as if a person applies for a job or transfers a request to another region, and the administration issues its decision (appointment or transfer decision), as well as if the competent authority issues a decision that came as a result of negotiations with the union authority or my representatives The employees expressly expressed their position on the union’s demand.
The knowledge must be comprehensive of all the elements indicated to the legal center, and put the person concerned in a condition that allows him to be familiar with everything that must be known so that he can discern the truth of the matter with regard to the decision, and enable him to identify the defects if there is a face.. The legal center is established by the will according to a certain organizational rule It entails certain advantages, costs and entitlements, all of which the individual must make of the decision issued in his right or that affects him.
The decision establishing the legal center should have been issued in implementation of the rule that the individual is subject to in his old position - as an employee who rises from one degree to another. , such as the application number in relation to precedence, or a statement that the court was established on the basis of seniority.
Likewise, it is necessary to know the effective time of the decision. If no earlier time has been determined for him first, he has a right to the date of its issuance. If something else becomes apparent, it is not invoked against the individual, and his knowledge in this regard is not considered complete except from the time when the truth became clear to him.. In this regard, the court decides The Supreme Administrative Court stated that “the plaintiff’s action by the will of personnel affairs does not constitute evidence of his knowledge of the justification of his intention to be promoted by choice,” and this court also ruled “that the date for appealing the annulment does not apply to those who did not know of a fundamental fact that a focused fact cannot be revealed except as a result of knowledge of it.”
The principle is that any regulation is only to be applied with regard to the resigned while leaving the effects that took place in the past intact, and constitutions often stipulate that laws apply in relation to the future and an exception and by a provision in the law can be applied with a retroactive effect, and if it is not provided for in the constitutions, the application is denied Retroactively, then it should be taken into account that the retrospective is granted to the legislator only.
The idea of the stability of transactions was confirmed by netizens and politicians alike. A view went on to say that “reactionary is the most serious attack that the law can commit... It is a violation of the social pact, and it is an abolition of the conditions under which the individual is required to submit to society, as it strips him of the guarantees that it guarantees to him.” In return for this submission, which is a sacrifice.
Another held the view that the Nakba is to hand the group over to instability and sacrifice the interests of citizens who, with the approval of reaction, become reactionary and have no guarantee.
A final opinion states that “the principle of non-reactionary is not based on justice and logic only, but is based on the stability of transactions and the economic interest of the group.” In order to create stability in transactions, the public interest requires that a new law not apply to the past so that transactions are not disturbed and people lose confidence and reassurance of their rights.
Certain knowledge must show the nature of the administration’s behavior as to whether this act is considered an administrative decision that may be challenged by cancellation or just an internal procedure. In the legal centers of the concerned parties, if it is not clear from the decision that it is preliminary, structural or executive, but rather there is ambiguity in its nature in this respect, the knowledge was not sufficient for the validity of the date because it is not allowed to specify the method of appeal, for example, to notify the contracted administration to pay an amount of The money without his knowledge of that, is it a security required to pave the way for a specific work, or is it a fine incurred by a statement of reason, or it is a claim and execution based on a previous order.
The knowledge of individuals because of the decision issued against them is a guarantee for individuals. On the one hand, it reassures them that what was imposed on them was issued only after thinking, research and study on the part of the administration, and that it is not based on flimsy and not serious reasons, which at least pushes them to think More than once before filing a grievance against it or challenging it judicially, because before their eyes there is a tangible presumption that the administration’s intervention is justified. On the other hand, the judiciary of the Supreme Administrative Court has settled that “whenever the legislator expressly obliges in the laws and administrative regulations to give reasons for its decisions, it must The mention of these reasons is clear and obvious, even if the person concerned finds an impediment to accepting them, otherwise he may exercise his right to litigation, and follow the path set by the law.
Finally, if the judiciary is established in France and Egypt that there is no obligation to causation without a text stipulating that, then this will be answered by the following. On the one hand, causation facilitates the task of the judge in his monitoring of the legality of the administration’s behavior, and on the other hand, causation of the administrative decision will make it easier. Strengthening the effectiveness of administrative activity, as it leads to the erosion of the atmosphere of confidentiality and thus reduces the chance of the administration facing difficulties when implementing its decisions, and the awareness of individuals about the reasons that prompted them to issue these decisions, making them accept easily and smoothly their implementation.
The requirement of causation when the decision is issued allows the person concerned to know the reason and to appeal against it if it is incorrect or to be rejected if it is correct. Knowing the person concerned for the reason for which the decision was issued helps him to identify his legal position and then determine his certainty towards this decision and this in turn works on Explanation of the number of lost lawsuits in front of the tribunal on the one hand, and facilitating the task of the judiciary in the speedy settlement of litigations and the extension of oversight, which leads to the achievement of justice on the other hand. - Causing its decision, “It is not just a formal procedure required by law, whose failure to do so results in that the decision is defective with a formal defect only, but it is in addition to the foregoing, it must be a valid reason that justifies the issuance of this decision. Issuing new licenses for the sale and circulation of liquor in the governorate and withdrawing the licenses of shops authorized to sell liquor is just the phrase that was mentioned in the recommendation of the local people’s council for the governorate saying that the decision should be issued to protect public security and public morals. This general and absolute statement does not, in and of itself, constitute a realistic or legal case that is the cornerstone of the reason for issuing the contested decision.
The employee who did not receive the text of the decision and also proves that he did not announce it “Lana orally, and although this decision was published in the Official Gazette, the texts of this decision are not considered an argument against it.. The State Council also ruled that “publishing a summary of the appointment decisions does not work for the validity of the deadline for appeal.” In these decisions, in the face of the peers of the employees who were appointed, if this summary does not match the essential data that allow the stakeholders to verify the legality of the measures taken.. However, the State Council considered that the announcement was complete and sufficient if the person concerned had formally familiarized himself with the Decisions appointing him and he commented on a sideline and signed this application with the word ”science”.
However, the publication that takes place inside the mayor’s house does not constitute legal publication unless it is carried out under conditions that allow the publication of the published decision.
In Egypt, the Egyptian State Council requires that the publication be sufficient, so that if the publication is contained in a summary statement devoid of any statement, which does not enable the plaintiffs to know the details of the project and its contents and to estimate the contact with it and touch their interests, then the publication and this situation is not useful in the account of filing the lawsuit.
The publication must be complete, including the decision with all its contents, or at least everything that matters to everyone to know about the decision so that the stakeholders can be fully aware of it, and this does not come in the fullest way unless the decision is published all of it, and in this regard an opinion went to say That “publishing in the Official Gazette does not have its effect in terms of the entry into force of the date against the plaintiff if this publication did not include all the elements that enable the person concerned to take a position in which he determines his position in the request for cancellation.”
As for publishing a summary of the decision, it is not sufficient to be sufficiently aware of its content, especially if the decision includes its reasons and the reasons are not published in the summary. The administration must ensure the publication of all the necessary data for the decision so that the publication is not merely a warning to those concerned with its existence.
We believe that these procedures are commensurate with the nature of the litigation to stay the execution, which is based mainly on urgency, which is stipulated in Article 26 of the State Council Law: “The competent administrative authority must deposit the court clerk’s office within thirty days from the date of its announcement, a memorandum of data and observations related to the case, accompanied by documents. And the papers related thereto, and the applicant may deposit a memorandum of the response with the documents he has in the court clerk’s office within the time limit set for him by the commissioner if he sees a reason to do so.
The president of the court may, in urgent cases, issue an order that is not subject to appeal to shorten the time indicated in the first paragraph of this article. The expiry of the deadline in the first paragraph by sending the file of papers to the State Commissioners Authority at the court.
The Supreme Administrative Court recognized the invalidity of the ruling, which was why the case was submitted to the commissioners’ body, with the exception of the urgent request to stop the implementation of the administrative decision due to the urgent circumstances.
And considering the capacity as a condition for accepting the appeal against the judgment, that the appeal must be submitted by the convicted person, and therefore the appeal is not accepted from those who did not decide the contested judgment against him, because the convicted person is the person with capacity in the appeal, because it is his only means of correcting the error in the judgment and get rid of its harmful effects, and the court of appeal addresses the verification of the capacity of the appellant on its own, as it is one of the issues related to public order
Considering the interest is an important condition of accepting the appeal of the judgment, that it is not permissible to appeal the judgment of the one for whom all his requests have been decided, unless the law stipulates otherwise.
That is because the litigant’s acceptance or approval of the judgment, explicitly or implicitly, precludes appealing the judgment in any way of appeal in the face of the one who issued the judgment and acceptance in his favor, or that the opponent has benefited from the legal situation in respect of which the judgment was issued and decided all his requests.
And when the interest is the basis for the appeal, the judgment issued according to the requests of the appellant is not accepted and all of its intent is achieved, and the appellate court must verify the existence of the interest in the appeal on its own, as this relates to public order, and this was confirmed by Article 12 of the State Council Law when cases were clarified. The obligatory grievance, which is a condition for accepting the cancellation claim, which stipulates that “the following requests shall not be accepted:
Applications submitted by persons who have no personal interest in them.
Applications submitted directly to appeal against the administrative and final decisions stipulated in the third, fourth and ninth clauses of Article (10) before appealing them to the administrative body that issued the decision and waiting for the scheduled dates to decide on this grievance.
The procedures for grievance and the manner of adjudication thereof shall be indicated by a decision of the President of the State Council.
The appeals for cancellation that are required to be accepted by the administrative authority are those addressed to three groups of administrative decisions identified by the legislator in Article 10, in items third, fourth and ninth.
The Supreme Administrative Court has become the wisdom of the obligatory grievance is the desire to reduce disputes by ending them in their initial stages in a way that is easier for the people by reversing the grieved decision if the administration sees that the grievance has the right to complain and take the place of the grievance and enrich the request submitted by the person concerned to the Judicial Aid Committee of the court The competent authority to exempt him from the fees of a lawsuit to cancel a specific administrative decision, in order to achieve the purpose intended by the legislator when he stipulated the necessity of grievance from such a decision. I’m done with it on this.”
Article 25 of the same law states, “The request is submitted to the clerks office of the competent court with a petition signed by a lawyer registered in the list of lawyers admitted before that court. The petition must be appealed against and the outcome of the appeal, and a statement of the documents supporting the request, and a copy or summary of the contested decision must be attached to the petition. The competent administrative authority and to the concerned parties within a period not exceeding seven days from the date of its submission. The notification shall be made by mail by registered letter with acknowledgment of receipt. The attorney’s office, which signed the petition, is considered a chosen place for the student, and the attorney’s office on behalf of those concerned in submitting their observations is considered a chosen place for them, each That is unless they specify a chosen location elsewhere.”
Thus, the administrative lawsuit procedures start from the filing of the newspaper or the lawsuit petition, unlike the start of the lawsuit before the ordinary judiciary, which starts from the notification of the litigants.
Judicial litigation is a legal situation arising from the initiation of the lawsuit by the prosecution before the judiciary, the litigation must be held, and that where the law defines the procedures of the applicant with this claim, which is based, litigation takes place by connecting the lawsuit to the court brought before it and assigning the defendant to appear before it, on the basis that judicial litigation is a relationship between its two parties. On the one hand, and between them and the judiciary on the other hand, if there is no invitation from one of the two parties to the other to meet before the judiciary, or one or both of the opponents do not exist, then the judicial litigation does not arise and does not take place, and the validity of the case requires that it be directed by the person concerned himself or by the owner The capacity to represent him or his representative legally or by agreement, and the court may not address the relationship of the concerned parties with their attorneys unless the person concerned denies the agency in its entirety.
Thus, the legislator decided for the first time the jurisdiction of the State Council courts to consider all disputes that fall within the jurisdiction of the administrative judiciary. Despite the fact that the legislator recognized the State Council by virtue of this law having reached the age of majority, for the first time since its inception, it was made a common law judge for all administrative disputes, except for those exempted by a text Explicit legislative, however, this law did not bring anything new with regard to urgent procedures, like all previous laws, if it was limited to regulating the suspension of implementation of administrative decisions and provisions and did not remedy the legislative deficiency regarding the judiciary of urgent administrative matters, despite the fact that under this law the Council became competent to consider Some issues related to material business, and it is a fertile field in which the urgent judiciary exercises a large part of its jurisdiction.
If the legislator authorizes the administrative judiciary to suspend the implementation of administrative decisions contested by cancellation, it aims to avoid the dangerous consequences that may result from their implementation, while at the same time taking care of the principle of assuming the integrity and enforceability of administrative decisions. Article 49 of the State Council Law No. 47 of 1972 stipulates that The submission of the request to the court does not result in a stay of implementation of the decision requested to be rescinded, although the court may order a stay of its implementation if it is requested in the case file, and the court considers that the results of the decision may not be reversible, but it is necessary to stop the implementation of the contested decision in addition to the element of urgency to be a claim Apparently, the student is based on serious reasons with which it is likely that the decision will be cancelled. Each of the elements of urgency and seriousness of the reasons are among the legal limits that limit the authority of the Administrative Court and are therefore subject to the supervision of the Supreme Administrative Court.
If the suspension of the administrative decision is an exception from the general principle, then this exception may be tested by the court with regard to requests for suspension of implementation in appeals for cancellation, except for appeals against administrative decisions that required their acceptance to be preceded by a grievance against them to the administrative body that issued the decision or to the main bodies While waiting for the scheduled dates for deciding on this grievance, and this is what the legislator decided in Article 49 of the State Council Law, which states that: However, it is administratively permissible and it is not permissible to temporarily control the continuation of the payment of all or part of his salary if the decision was issued for dismissal.