JUDICIAL CONTROL OVER THE NEGATIVE ADMINISTRATIVE DECISION AND THE EXTENT TO WHICH IT IS PERMISSIBLE TO SUSPEND ITS IMPLEMENTATION / A COMPARATIVE STUDY
The administrative decision is one of the most important privileges enjoyed by the administration, through which it can impose obligations on individuals and grant them their rights, without the need for the consent of these individuals, and the administration usually takes its decisions unilaterally, as it is not bound by the consent of the addressees of the decision, which can result in a violation of the rights and freedoms of the concerned party. As long as the administrative decisions are disclosed in an announced and written form, the affected person may challenge them by annulment before the competent court, but What if the administration has remained silent and has not moved a finger regarding a right or request of a natural individual or any party affected by the administration's silence in fulfilling that request, in a way that is an obstacle to knowing the position of the administration for the purpose of prosecuting it? Here, jurisprudence and legislation created the so-called negative administrative decision, in order to be a guarantee for individuals in the face of the powers enjoyed by the administration. Therefore, we worked in this modest research to clarify what is the negative administrative decision, its conditions and properties, and when we are in front of such a decision in order to deserve to be challenged before the judiciary and stop its implementation.
Judicial Oversight, Administrative Judiciary, Administrative Decision, Negative Administrative Decision.