Stop the Implementation of Administrative Decisions

Discussion Committee: 
Dr. Mohammad Sharaqah/supervisor
Dr. Ghazee Dewekat/co-supervisor
Dr. Ahmad Dabak/external examiner
Dr. Na'el Taha/internal examiner
Dr. Mohammad Sharaqah/supervisor
Dr. Ghazee Dewekat/co-supervisor
Anwar Essam Mohamad Sha'ban
Aborting the execution of the administrative decisions has the same importance of administrative of law case . Some individuals resort on the administrative law in order to protect one right which was guaranteed by the law itself. The purpose of the verdict about aborting the execution of the administrative decision may be the same of resorting to the administrative law itself and establishing the law case with its expenses and efforts . The claimant may establish the law case then gained the verdict about aborting the execution but he ignores it after achieving the purpose of the verdict . For instance , in case banning the travelling for treatment abroad , what is the purpose for the verdict after one or two years . In this case, the goal is achieved compared with aborting the execution. This study consists of two chapters and several sections . The former discusses the nature of aborting the execution, its definition , legal and religious concept, and legal method for organizing the concept. The second section included paraphrasing aborting the execution of the administrative decision. The first sub-section deals with the concept, the second is about its general principles . The second section identifies the conditions of applying for aborting the execution of the administrative decision with its form and subject. The later includes the rules of aborting the execution which means that the verdict must be accompanied by executive power in order to achieve its goals. The second chapter has two sections. The first one with two sub-sections which identify the procedures of the issue of the verdict that has its correct legal path in order to be characterized by the proof and the basic advantages of the conclusions of the verdict of aborting the execution of the administrative decision . The second section which is about the proof of the verdict also has two sub-sections , the first on clarifies the proof limits about the verdict which means that the shouldn't be discussed, adjusted or cancelled, on the other hand it should be executed. The second sub-section discussed the executing and guaranteeing the verdict . In Palestine, with the absence of the administrative law which organizing the procedures of exciting the administrative laws , there is shortage in the current Palestinian law which fulfill this demand . Furthermore, the researcher reports the legal grantees of the comparative systems of some countries like France, Egypt and Algeria in executing the administrative decisions and the administrative judge authorities in order to achieve the goals of the verdicts. According to the compression between the Palestinian law from one side with Egyptian, French and Algerian ones on the other side, the researcher concludes that there is a legislative space organizing the argent cases and its execution . This space had to be treated by the Palestinian Administrative Judgment Law ( ……) in (2012) but the project of low didn't change the current situation as the changed in the French, Egyptian, Algerian and Lebanese laws. The study results shows that the Palestinian juridical diligence was guided by the Jordanian Supreme Court . The Palestinian Administrative Judge may follow the Jordanian Judge in some cases .For instance, the rejecting of compulsion the administration to execute the decision because it is out of its competence because the Jordanian Juridical system reject the same case. The researcher due this result to the absence of one unified law organizing the administrative law case in Palestine . Finally, the researcher has found some results included the precession of the French, Egyptian ,Algerian and Lebanese legislator in this field in compression with the Palestinian one in the field of organizing the system of aborting the executing the administrative decisions. Furthermore, some weakness points characterizing the Palestinian law system. According to the study results, several recommendations have been suggested in order to be adopted in the future .
Pages Count: