The Nature of Negative Administrative Decisions An In-Depth Study of the Position of Administrative Jurisprudence and Law

Abstract

Abstract : The negative administrative decision constitutes one of the forms of administrative acts in which the administration does not expressly declare its intent in a written document but rather refrains from taking action. Such inaction has been deemed by both the legislator and administrative judiciary as an administrative decision subject to judicial review. The legislator has regulated this form of decision to ensure the protection of individuals’ rights. This abstention by the administration is considered a violation of the law, as it fails to take a decision regarding a request submitted by individuals. When certain conditions are met, the administration’s silence amounts to a negative decision, which carries the same legal consequences as other administrative decisions. The negative decision closely resembles another type known as the implicit (or implied) decision, yet the two are not identical. The distinction lies in their legal effects: a negative decision produces direct and continuous effects as long as the administration’s abstention persists, and therefore it is not subject to the limitation period for filing an annulment claim. Conversely, the implicit decision is temporary in nature and thus subject to the statutory time limits for appeal in annulment proceedings. © 2023 TUJR, College of Law, Tikrit University