Balancing the retroactive effect of revocation provisions with legal security requirements

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

There is no doubt that the judicial annulment has a retroactive effect, that is, it destroys the decision ruled to cancel it since its issuance, so the retroactive effect of the annulment ruling has several consequences, including what is related to the removal of the decision ordered to be canceled and its effects that it arranged since its issuance until the ruling to cancel it, or the so-called "destructive reaction". Some of them are related to restoring the situation to what it was before the issuance of the decision, or the so-called "constructive reaction", and there may be some decisions that may have been issued based on the decision that ruled to cancel it, or the so-called "ancillary decisions", and here the question arises about the extent to which these decisions fall according to the fall of the original decision that was issued accordingly. 

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