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The general theory of negative administrative decisions comparative study

Auther : Adel Altabtabaei

The general theory of negative administrative decisions comparative study

 

Dr. Adel Altabtabaei

Prof.of Public Law – Former dean of Faculty of Law,

University of Kuwait

 

Then negative administrative decision is a result from the refusal or silenc of the administrative authority from issuing a decision when the law of regulation obligates it to issue such decision represents an important form of administrative decision forms.

This kind of decisions require a special supervision to determine its legal nature, differentiate it from other administrative conduct and define the way of its cancellation and withdrawal from the administration.

The negative decision could be by rejection the application, also could be by accepting the application while meeting some of the conditions required by the law.

The negative decision is subject to the general rules of compensation if the administration fault, the damage and causation were proven.

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Oct 20, 2019

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