The reason for the administrative decision and its control before the UAE judiciary - an analytical study.

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

The reason for the administrative decision is the factual or legal situation and the motive towards taking it, and the lack of reason leads to the invalidity of the decision, as the reason is the main engine of management, and therefore requires that the reason include basic conditions so that it is real and not imaginary, and that it is legitimate, and the lack of these conditions Stakeholders can file a cancellation lawsuit through if they wish, and thus activate the role of judicial control over the administrative decision. The problem of research is to highlight the extent of judicial control over the element of reason, as the most defective through which stakeholders challenge the legality of the decision issued against them, Knowing that not all administrative decisions are subject to judicial control, even if the decision is defective and revocable when appealed, for many reasons, whether for circumstances related to those against whom the decision was issued or other related to the judicial system in the state, the most important recommendations in this study were to work to strengthen the guarantees of the rights and interests of the issued decisions through the amendment to the legislation and regulatory procedures that achieve these guarantees from the arbitrariness of the administration, in addition to strengthening administrative control ( subjective and presidential) on the decision-maker through the establishment of internal committees and departments specialized in auditing the reasons for those decisions before they are issued.

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