Abstract

This research addresses the topic of negative administrative decisions and the permissibility of suspending their implementation, a crucial subject within administrative law. This is due to the legal issues it raises concerning the nature of negative decisions, the extent to which the administration is subject to judicial oversight, and the possibility of administrative courts taking temporary measures to suspend their implementation. The research aims to clarify the nature of negative administrative decisions by defining their concept, outlining their elements and characteristics that distinguish them from positive administrative decisions, and examining the permissibility of judicially suspending their implementation. The research is divided into two sections. The first section examines the nature of negative administrative decisions by exploring their concept and outlining their elements and characteristics. The second section addresses the permissibility of suspending the implementation of negative administrative decisions, presenting the view that their implementation cannot be suspended and the opposing view that permits such suspension when the necessary legal conditions and controls are met. The research concludes that a negative administrative decision, despite being based on the administration's refusal or abstention from taking a decision it was obligated to take, constitutes a form of administrative activity subject to judicial oversight when its legal conditions are met. The issue of suspending its implementation remains a subject of jurisprudential and judicial debate, depending on the different views of the nature of the negative decision and its legal effects. This necessitates setting precise controls that prevent the disruption of the administration’s jurisdiction on the one hand, and ensure effective judicial protection of individuals’ rights on the other.

Keywords

Negative Administrative Decision; Administrative Decision; Suspension of Execution; Administrative Judiciary; Judicial Review.