The authenticity of the judgment of cancellation ''A comparative Study''

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

First of all, we conclude that if the administrative decision includes the presumption of health and safety in all its aspects and elements, However, it may have a flaw that refutes the presumption of its validity, Therefore, it was necessary to investigate the legality of the administrative decision under the competent administrative judiciary.  The judiciary may issue a ruling that the contested administrative decision is illegal by canceling it, which raises the question about the validity of this ruling? Therefore, it was necessary to answer this question to investigate the nature of the validity of the res judicata, and the elements of the ruling that prove this authority and clarify the obscure provisions regarding the authority of res judicata, If the rulings issued to annul the administrative decision have absolute authority, then a set of conditions are required to gain this authority. The ruling must be issued by a competent court, issued by cancellation, and complete, and finally, it must not be subject to appeal through ordinary means of appeal, Accordingly, we will proceed to examine the authenticity of the judgment of cancellation based on the above.

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