ALRAQABA . ISSUE 15
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3. An implicit decision stipulates the missing
of the legally defined deadline, whereas
an adverse decision does not require a
specified time.
4. An implicit decision has an immediate
effect, whereas the adverse decision has an
ongoing effect.
During a ruling, the Supreme Administrative
Court differentiated between an adverse
administrative decision and an implicit
administrative decision; it decided that “…
It is important to make a distinction between
an adverse and implicit decision. An adverse
decision is to express an adverse stance to
an administration that refuses or refrains from
taking specific action in a case where the law
binds it to do so, based on the final paragraph
of Article no. (10) of the Country’s Board Law.
The implicit decision, on the other hand, is
the situation where the circumstances of a
specific status are revealed without disclosure
that the administration carries out towards a
specific issue. There is no doubt that the implicit
decision is clearly demonstrated in the cases
of mandatory grievance or when submitting
a request to the administrative entity which
refrains from responding. In special provisions,
the legislator may consider this action as
rejection or approval if a specific period of
time is over. These differentiations result in
considering the adverse administrative decision
as an ongoing decision that permits appeals
within the legally approved timeframes...”
Based on the statements mentioned, it is
evident that the differences between the
adverse and the implicit decisions lie in the
distinction between the truth and implications.
It is not between the procedures based on the
perspective of legitimists.
References:
First/ General Books:
Dr. Sulaiman Al-Tamawi, The General Theory of
Administrative Decisions, Dar Al-Feker Al-Arabi, Cairo, 7th
Edition, 2017.
Dr. Abdul Ghani Bassioni, Administrative Jurisdiction,
Mansha’at Al-Maaref, Alexandria, 3rd Edition, 2006.
Dr. Aziza Al-Shurif, The Administrative Law (2) Public
Administrations Methods and its Compliance with the
Prevailing Law, Dar Al-Kutub Establishment, Kuwait, 2nd
Edition, 2004 - 2003.
Dr. Mustafa Abu Zaid Fahmi, The Administrative
Jurisdiction and the State’s Council, University Publishing,
Alexandria, 10th Edition, 1999.
Second/ Specialized Books:
Dr. Shaaban Abdul Hakim Salama, The Adverse
Administrative Decision: A Comparative Study of Islamic
Doctrine. Dar Aljamea Al Jadeida, Alexandria, 2011.
Dr. Adel Al-Tabtabae, The General Theory of Adverse
Administrative Resolutions, 1st Edition, the localization,
copyright, and publishing committee in Kuwait University.
2017.
Third/ Legal studies and research
Dr. Khaled Al-zubaidi, the Adverse Administrative
Decision in Administrative Doctrine and Jurisprudence:
A comparative study, the Journal of Law, 3rd Issue, the
Academic Publication Council, Kuwait University, 2006.
Dr. Saad Al-Shetiwi Al-Enezi, Juridical Control on Adverse
Administrative Decisions, the Journal of Law, 1st Issue, the
Academic Publication Council, Kuwait University, 2010.
Fourth/ Juridical decisions
The Court of Cassation’s decision, appeals no. 617 and
672 of the year 2015, administrative, dated 2017/01/23.
The Court of Cassation’s decision, appeal no. 524 of the
year 2010, administrative, dated 2017/01/30.
The Court of Cassation’s decision, appeal no. 457 of the
year 2016, administrative, dated 2017/2/15.
The Court of Cassation’s decision, appeal no. 822 of the
year 2016, administrative, dated 2017/4/26.
Fifth/online references:
The Center of Disaggregation and Planning of Judicial
Decisions - the College of Law, Kuwait University:
Legislations
