Administrative decisions in violation of legal provisions and their Impact on vested rights

Abstract

This research addresses the concept of the administrative decision and its essential elements, the implications of issuing flawed decisions, and the legal stance towards them. An administrative decision is defined as a legal act issued by the unilateral will of the administration with the intent to produce a specific legal effect. Its five essential elements are: competence, cause, form, subject matter, and purpose. Any defect in these elements renders the decision flawed and unlawful. The research also reviews the negative effects of flawed decisions, which include damaging the reputation of institutions, causing material and moral harm to individuals, wasting public funds, and disrupting public services. Conversely, the research clarifies the legal stance towards these decisions, which is represented by the possibility of challenging them before administrative courts to rule for their annulment, the affected party's right to claim compensation for damages resulting from them, in addition to the administration's authority to withdraw its flawed decisions to rectify its position and uphold the principle of legality.