Administrative responsibility for the formal illegality of the administrative decision.

Document Type : Original Article

Author

Faculty of Sharia and Law -Khorfakkan University

Abstract

Responsibility in the managerial context means bearing responsibility and consequences for mistakes that are committed. The administrative responsibility rests with the administrative body that committed the error, and it is represented in recognizing the error and bearing the consequences resulting from it. The administrative legal system provides for the responsibility of the state and public administration for its harmful actions. There are many forms of administrative responsibility, including responsibility for the formal illegality of the administrative decision. This responsibility is linked to the administration's responsibility for excesses of form that affect the validity and legitimacy of the decision. In this research, the researcher used the analytical and comparative descriptive approach to analyze and study the administrative responsibility for the formal illegality of the administrative decision. The research focused on displaying and clarifying the different forms of formal illegality that may appear in administrative decisions. The results showed that the administrative decision has a specific form that may be required by law, such as signature and publication. When the decision is signed by the competent source, the decision is considered complete in all its aspects. However, the implementation of the decision may depend on its announcement and publication to the relevant persons. It should be noted that a formal defect alone does not lead to the invalidity of the administrative decision, unless there is an explicit provision in the law providing for this. If the procedure is ignored, the invalidity of the decision is contingent on the existence of a material effect of this procedure on the interest that must be provided by law. In addition, when the administrative decision is canceled due to formal errors, this does not entail the administration's responsibility to pay compensation, unless the facts and circumstances that led to the issuance of the decision do not justify its decision in the first place. These are the main findings of the research on administrative responsibility for the formal illegality of the administrative decision.

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