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|Title||The withdrawal of administrative decisions in Palestinian Legislation (A comparative analytical Study)|
|Title in Arabic||سحب القرارات الإدارية في التشريع الفلسطيني (دراسة تحليلية مقارنة)|
Study Purpose: The process of administrative decision withdrawal is considered among the most important legal instruments that lead to the termination of defective administrative decisions، which were initially issued to correct and rectify the physical errors and defects observed in the decisions. Thus، withdrawal is the process of taking off the past and future legal power from the administrative decision، in addition to its legal impact as if it did not exist at all. Study Sample: Thus، this study tackled the issue of administrative decisions withdrawal in the Palestinian legislations. This is because، unlike the Egyptian and French cases، no studies in the respect could be found in the Palestinian jurisprudence and judgment. Study Methodology: The study implemented the descriptive، analytical، and comparative methods. Study Division: It has been divided into two main chapters. This is in addition to an introductory chapter، in which the study introduced the concept of administrative decision and the conditions of its validity. In the first chapter، the study defined the withdrawal process of the administrative decision and its legal nature. In the first topic of this chapter، the study discussed the concept of the administrative decision withdrawal compared to some other legal practices. In the second topic of this chapter، the study discussed the legal base of this withdrawal، and the most important principles that control the withdrawal process. Finally، the study discussed in its second chapter the conditions of the withdrawal process of the administrative decision and its legal impacts. In the first topic of this chapter، the study clarified the withdrawal conditions، which are as follows: the withdrawn decision should be characterized with the defect of illegality، and the withdrawal process should take place during the judicial appeal period. In the first topic of this chapter، the study clarified the effects of the administrative decision withdrawal، which are: the demise of the decision and its legal impacts retroactively، protection of the withdrawing decision by the judicial appeal period expiry، and the right of the affected parties to demand for compensation against the illegally withdrawn decision. Study Results: At the end of the study، a set of conclusions and recommendations were presented. Most importantly، the study concluded that the Palestinian legislator did not legislate the rules and provisions of the withdrawal of administrative decisions in the form of an independent theory codified. Rather، the rules acquired from the administrative court were implemented. Study Recommendations: The study recommended that there need for the Palestinian legislator to control the rules and conditions of the administrative decision withdrawal. This should be arranged in a comprehensive way that draws from the normally practiced rules، in addition to the verdicts of administrative courts and the opinions of jurists.
|Publisher||الجامعة الإسلامية - غزة|
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