Claim Cancellation in Administrative Proceedings

The researcher discussed the subject of the claim cancelation in administrative proceeding as a comparative study. The subject has two sides . The former is the applicant whether he has an interest in being an opponent in the administrative proceeding, or the administrative proceeding is being acceptable regardless to any person. The later is to whom the claim cancelation is being addressed. Or is it limited to the administrative decision or includes who contributed in establishing it? The comparative method has been used in which the Palestinian legislatives and Egyptian ones have been compared throughout the differences between them where cleared . The study has been divided into two an introduction and two chapters. The introduction includes the legal administrative procedures by illustration its concept, the criteria of distinction between the administrative and civilian proceeding . Finally, the criteria which Palestine has been taken as a base for comparing the administrative and civilian proceeding has been mentioned. Chapter one includes the conditions and reasons for appealing the administrative proceeding in which the necessary conditions for acceptance by adjudication have been clarified . The absence of one condition cause the refusal of the case . So, this chapter has been divided into two sections ; the former discusses the legal conditions of appealing the administrative proceeding. As a result, this section has been divided into four sub- sections. The first one is about appealing against the administrative proceeding , the second one contains the conditions of the applicant interest from the start of legal suit until its end. Applying for the appealing according to the rules of the law is the content of the third sub- section and the condition of refusing the parallel legal suit accepted by some countries in the fourth sub-section. The later section which explains the reasons for the appealing for cancelation the administrative proceeding has been divided into two sections. The first section contains the aspects of special formalist cancelation of the administrative proceeding; the second contains the materialistic aspects of cancelation of the administrative proceeding . Chapter two, on the other hand, the practical sides of cancelation in administrative proceeding during the different stages of the legal suit has been explained imitated from depositing the suit and informing the opponent until establishing the verdict . This subject matter is the first section of chapter two . On the contrary, section two has two sub- sections, the former includes the reason for cancelation weather it was absolute or relativity. The later deals with clarifying the legal frame in which the opponent could be forced to execute the verdict in addition to the effects of the administration refusal of executing the verdict of cancelation . Several recommendations have been suggested based on the study discussions including forming two steps for the administrative judgment in order to guarantee the right to judgment by the Palestinian basic law and forming a special administrative judgment similar to the civilian one in order to eliminate the administrative court load such as the Egyptian administrative judgment .