The Impact of the Termination of Administrative Decisions on Acquired Rights

Volume 21 , Issue 2 , November 2020 , Pages 497-526

Authors

زانا جلال سعيد 1

1 ١ كلية القانون - جامعة جيهان - السليمانية، كلية القانون - جامعة السليمانية

DOI logo 10.17656/jzsb.11036

Keywords

Abstract

This study, consider the extent of the administration’s authority to end administrative decisions in
the way of canceling and revoking either individual or organizational administrative decisions. This
study also endeavors to distinguish between revocation and cancelation in terms of their effects on
decisions in relation to the past and the future decisions. In addition, this study discussed the concept
and sources of the acquired rights, since administrative decisions are among the legal actions of the
administration that generate legal centers for individuals addressed to the decision; and therefore they
acquire individual’s rights in their own right. In effect, this paper examined both legitimate and illegal
administrative decisions the two most important sources of these rights.
Given the broad powers that the administration enjoys towards individuals, it can cancel or revoke
its decisions according to developments in the functioning of public facilities management or
rendering to the requirements of the public interest. Furthermore, and since individuals in their
relations with the administration are considered the weaker party, the law provides for their
protection, so they are preserved the legal rights and positions which they acquired from the law or
from the decisions issued by the administration concerning them. Consequently, the administration
is prevented from violating these acquired rights and positions, and that is in implementation of the
necessary stability of the rights and legal positions.

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  • First online25 November 2020
  • Published at25 November 2020

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