The extent to which it is permissible to appeal against severable administrative decisions

Document Type : Original Article

Author

College of Law - University of Sharjah.

Abstract

The study is summarized about the extent to which the idea of separable administrative decisions can be applied when the administration performs a complex legal process. This idea has been applied in many legal processes carried out by the administration in its normal capacity, such as the administrative contract, expropriation of property for the public benefit, electoral disputes and decisions issued during the exercise of the acts of sovereignty by the administration in its political capacity. The idea of separable decisions also passed through historical stages between rejection and acceptance, but in the end, the judiciary and jurisprudence recognized this idea, which states that these decisions, even if they are included in the formation of the legal process, can be considered independent decisions and can be separated from the process and challenged by cancellation without affecting the complex legal process, if these decisions are marred by a defect of legitimacy. In this study, we will discuss the concept of separable decisions, explaining their definition and forms of distinction. We will also indicate the judiciary's attitude towards the idea of separable decisions, their conditions and the authority competent to consider disputes related to such decisions

Keywords