Compliance with the disguised administrative decision As a reason for accepting the cancellation claim An inductive and analytical study compared to the provisions of the civil law

Abstract

Administrative law and judiciary have a unique approach in their own systems, which distinguishes them from all other laws and judicial systems, as they are based mainly on the idea of the executive and supervisory role for the practice of public administration, to which extent it can be performed with high efficiency and without exaggeration or error in terms of implementation by controlling their activities according to a correct legal administrative approach.
This research aims to define compliance with the disguised administrative decision, and its legal implications, as an attempt to find the legal character that deals with this type of decisions as one of the reasons for accepting the cancellation suit, and everything related to the state of non-compliance with administrative decisions in the event that they are issued by a competent person and in a manner that is inconsistent with Logic and law, by presenting a realistic and clear picture of it, with the aim of enriching the legislative aspect thereof.
According to this study, it’s clear that the general principle obliges a civil servant to accept the administrative decisions issued against him in compliance with the implementation of the functional presidential orders. However, the desired exception to this principle is to draw the attention of the administrative judiciary to make the administrative decisions following the disciplinary penalties complied by a decision-maker subject to consideration, examination, and scrutiny, for a judgment to accept the case thereof, if the subsequent disguised disciplinary action against the basic fixed disciplinary action has been achieved, provided that this is exceeding the general principle, which requires that in order to accept the cancellation claim, it is necessary not to comply with an inconclusive administrative decision and to contest it within the prescribed period for cancellation thereof.
Following an inductive and analytical approach, the subject herein came in two chapters, the first concerned with a brief statement of the cancellation claim and the conditions for its acceptance, and the second focused on compliance to the disguised administrative decision as a reason for accepting the claim and as a justification for rescission of the contested decision within the framework of the legal periods for disputing the contested decision.