Administrative Jurisdiction in Regards to Appealing Negative Administrative Decisions - A Comparative Study -

Abstract

The administrative judge also has the jurisdiction of staying the execution of the appealed non-explicit administrative decision if there is fear that harm would be inflicted on the concerned party, it would be difficult to rectify the consequential effects unless the execution of the appealed decision is stayed or its judicial abrogation is delayed due to the prolonged time of the proceedings, and when both conditions of seriousness and urgency are present in the request submitted by the appealant who lodges his lawsuit before the administrative judge. The administrative judge has the jurisdiction of considering compensation lawsuits arising from the appeal against non-explicit administrative decisions that caused harm to the appealant plaintiff, and when the pillars of tort liability [of the fault-harm causal relationship] is present, then the court ruling shall indemnify the appealant who inflicted harm due to the management’s non-legitimate actions that affected the appealant’s intrests and caused him a physical or mental damage; the judge shall give the ruling of compensation.