Conditions and Grounds for Appealing Administrative Decisions

(An Applied Study of the Rulings of the Palestinian High Court of Justice and the Egyptian State Council)

Abstract

This study examines the conditions and grounds for challenging an administrative decision. The research problem revolves around two aspects: First, the petitioner: Is it a requirement for the petitioner to have a legally recognized interest to be a party in an administrative lawsuit, or is an administrative lawsuit a public interest lawsuit that can be filed by anyone? The second aspect of the problem concerns the target of the lawsuit in an annulment action: Is it limited to the issuer of the administrative decision, or does it extend to include everyone who contributed to issuing the administrative decision?

The researcher employed a descriptive-analytical approach in this study, reviewing Palestinian legislation and Egyptian court rulings and highlighting the differences in certain matters. The study is divided into two chapters. The first chapter addresses the conditions and grounds for challenging an administrative decision, clarifying the conditions that must be met for a lawsuit to be admissible before the court. If any of these conditions are not met, the judge will rule against the admissibility of the lawsuit. The conditions for accepting the lawsuit were not met. The second section of this first chapter, which clarifies the grounds for challenging and annulling administrative decisions, is divided into two subsections: the first subsection addresses grounds for annulment related to the formal legality of the administrative decision, while the second subsection addresses grounds for annulment related to the substantive legality of the administrative decision.