أثار حكم إلغاء القرار الإداري دراسة مقارنة

Abstract

Abstract : The annulment ruling enjoys absolute authority and its effect applies to all appeals that may raise research into the legality of the canceled decision. It is also limited to those against whom the ruling was issued, but it also applies to others. The annulment ruling also has binding force for the res judicata, as it imposes on the administration obligations to implement it fully. The administration may violate its obligation to implement the various administrative provisions, in particular the provisions of cancellation, and this violation takes several manifestations, represented by total abstention from implementing the judgment, incomplete implementation, or mis-implementation, such as slowing down or disrupting the effects of the annulment judgment. Here the role of the legislator came to create legal means and guarantees that would ensure the implementation of Cancellation provisions represented in the binding force of the annulment ruling. Keywords: administrative decision, annulment ruling, executive power, administrative judiciary.