The formal conditions for accepting a cancellation lawsuit in UAE law - a comparative study

Document Type : Original Article

Author

College of Law, University of Sharjah

Abstract

Administrative decisions are one of the most important topics of administrative law and judiciary, which has long received the attention of administrative jurisprudence due to its association with administrative life, and considered the main pillar of administrative work, and administrative decisions can be considered the applied aspect of administrative theories in general, as it is the essence of the administrative function and the axis of administrative organization. Accordingly, it is in practice for the administration to issue an administrative decision that is unlawful, affecting the legal status of persons. This decision is subject to appeal by annulment, as the annulment action is the legal tool granted by law to the affected persons to reach the annulment of the defective administrative decision, as it represents the means of judicial appeal aimed at invalidating the administrative decision that illegally affected the positions of individuals. The acceptance of the annulment lawsuit requires the availability of a number of conditions, one of which entails the non-acceptance of the lawsuit, which are conditions of a multiple nature, which led to the difference in its name among the legal jurisprudence, Some called them formal conditions, and another jurisprudence called them the conditions of the administrative lawsuit, while the jurisprudence considered them third conditions of acceptance, and despite the difference in the name, all administrative jurisprudence agreed that the failure of one of these conditions, the judiciary arranges the non-acceptance of the lawsuit by the administrative judiciary, without exposure to the subject of the right or lawsuit.

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