حجية الحكم القضائي الإداري في دعوى الإلغاء – دراسة مقارنة

Abstract

The authority of administrative judicial rulings in an annulment lawsuit is considered one of the most prominent lawsuits that aim to protect the principle of legality by enabling individuals to appeal unlawful administrative decisions before the administrative judiciary. In this context, the ruling issued in an annulment lawsuit acquires a special authority that goes beyond the parties to the dispute, due to the nature of the lawsuit, which is of a substantive nature. The effects of the ruling are not limited to the opponents only, but extend to include the administrative decision itself, leading to its removal from the legal system. Hence, the importance of studying the authority of administrative judicial rulings in an annulment lawsuit emerges in terms of their scope, types, effects, and their distinction from judicial rulings in other lawsuits. They also constitute a legal and effective means to protect individuals from abuse or arbitrary use of power. The annulment lawsuit aims to annul unlawful administrative decisions and declare some administrative decisions void and amend them. This distinguishes judicial rulings issued in this lawsuit from other ordinary rulings, whether in terms of their content or their authority, as the authority to annul unlawful administrative decisions is absolute