A Lawsuit for Compensation for Unlawful Administrative Decisions

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

This research aims to clarify the concept and characteristics lawsuit for unlawful administrative decisions, review the conditions for its acceptance, and explain the position of the UAE legislator on it. The importance, of the topic of the study is that the administrative judiciary is the resort that individuals resort to in order to evaluate the actions of the administrative authority and its activities if they deviate from the right path and respect the constitutional texts and the rules of law, and that is through the control that this judiciary exercises over its activities and activities through the elimination of annulment and the judiciary Compensation, and therefore this research relied on the approach of comparative analysis, through the analysis of the legal texts related to the claim of compensation for illegal administrative decisions in both the Emirates and Egypt, and a statement of the control exercised by the judiciary over the work and activities of the administration through the elimination of cancellation and the elimination of compensation. The research reached several results, the most important of which is that to accept the compensation lawsuit for unlawful administrative decisions, a decision must be issued and that this administrative decision be issued by one of the “public” national administrative bodies, with their authority under laws and regulations, and that it is final and affects the legal status of the contestant. Based on the results, the research recommended that the UAE judiciary follow the example of the Egyptian judiciary in permitting and permitting the combination of the two lawsuits, the cancellation lawsuit and the compensation lawsuit if they are filed before the administrative court, in order to shorten the time and facilitate litigation procedure.

Keywords