Elements of the legality of administrative delegation in UAE legislation (a comparative study)

The aim of this research is to study and analyze the elements of external and internal legitimacy in the administrative delegation, as the administrative decision regarding delegation of competences is not in its entirety discretionary, but rather responds to certain elements in particular, which are the elements of cause, place and purpose (elements of internal legitimacy), while the rest of the elements Others, such as jurisdiction, form, and procedures (elements of external legality), do not show the authority of the administration, although all these elements are subject to the supervision of the administrative judiciary. The research reached several results, the most important of which is that the authorization decision must be issued explicitly and not implicitly, and it requires that the authorization decision be written, not verbal, and that it be published or announced. Because without following this formality, it cannot be invoked against others. If an administrative decision is issued based on the unannounced authorization decision, then this decision is considered issued by a non-competent authority, and therefore it is tainted with invalidity, and this invalidity cannot be corrected by publication or subsequent announcement of the decision. delegation. Accordingly, the researcher recommended that the administrative judiciary in the Emirates seek to rely on the frankness of the text and the clarity of the expressions of the administrative decision issued by the administration regarding the delegation of competences to prove the deviation of authority, with the aim of reducing this defect, as the source of the administrative decision tainted by the defect of deviation usually conceals the real purpose that It is aimed at by his decision, especially when he is not obligated to state the reasons for issuing it, so do not storm the expressions of the decision here regarding proving the deviation of the authority.