سحب القرار الإداري: دراسة مقارنة في القانون الفرنسي والمصري

Abstract

In the course of conducting its business, the administration issues many administrative decisions in various fields, but it may sometimes see that some of its decisions are deficient or defective, or that it does not take into account the interest that the legislator intends to issue, so the only option before it is to withdraw it, with the aim of correcting the situation. Consequently, this study dealt with the issue of withdrawing the administrative decision, in the French and Egyptian legislation, in terms of the concept, the legal nature, the deadline, and the procedure. It is clear from the study that sound administrative decisions may not be withdrawn by the administration except as an exception, given the legal effects of such decisions, while the administration can withdraw its defective decisions that may prejudice the guarantee of the regular and steady functioning of the public facility. This study concluded with a set of results, the most important of which is that the administration enjoys wide discretionary powers expressed by its unilateral and binding will through a behavior or activity issued by it in accordance with the laws and regulations in force to reach the desired goal, and that withdrawing the administrative decision means removing the systemic power of the decision retroactively so that The latter is not limited to the future only, but extends to the past, and the decision is as if it did not happen.