The Non-Suspensive Effect of the Appeal for Annulment and the Exception Thereto in UAE Legislation
A Comparative Study
DOI:
https://doi.org/10.35246/5eh8yd71Keywords:
Legality, Effect, Administrative Judiciary, Administrative DecisionsAbstract
To achieve the principle of legality, the Emirati legislator decided that administrative decisions are subject to judicial oversight, where all civil and administrative legal actions are subject to the supervision of the unified judiciary.
The Federal Supreme Court affirmed that filing an annulment lawsuit does not result in the suspension of the contested decision, as stated in its rulings: 'The filing of a lawsuit to annul an administrative decision, as a general principle, does not lead to the suspension of the implementation of the administrative decision. Conversely, the execution of the decision and the utilization of its subject matter do not prevent the continuation of the consideration of the annulment request and the ruling on its subject, as the lawsuit aims to ensure the legality of the decision and its compliance with the established principles in the law.'
The principle of non-retroactivity has decided on annulment because it serves the public interest, since administrative actions are presumed to require urgency and necessity in order to achieve their objectives. Therefore, it is essential that no individual, regardless of who they are, is allowed to halt its progress or stop its activity simply by filing for annulment.
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Second: Theses and Dissertations:
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A- Constitutions
XXII. Constitution of the United Arab Emirates, 1971, as amended.
B- Laws
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XXIV. Federal Decree by Law No. (35) of 2022 Promulgating the Law of Evidence in Civil and Commercial Transactions.
XXV. Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law.
XXVI. Egyptian State Council Law No. (47) of 1972 and its amendments.
XXVII. Egyptian Penal Code No. (58) of 1937 and its amendments
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XXIX. Ruling of the Federal Supreme Court in Appeal No. 524/19, Session of 28/9/1999.
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XXXI. Ruling of the Federal Supreme Court in Appeal No. 138 of 2016 Administrative, Session of 22/2/2017.
XXXII. Ruling of the Federal Supreme Court in Appeal No. 556 of 2013, Session of 26/3/2014.
XXXIII. The Court of Cassation's ruling in Appeal No. (139) of 2013.
XXXIV. Ruling of the Supreme Administrative Court, in Appeal No. 9488/47, Session of 2002.
XXXV. Ruling of the Supreme Administrative Court in Appeals 258 and 357/21- Session of 5/4/1983.
XXXVI. Ruling of the Supreme Administrative Court in Appeal No. 3652/39- Session of 29/1/2005.
XXXVII. Ruling of the Supreme Administrative Court in Appeal No. 6573/55, Session of 30/12/2009.
XXXVIII. Ruling of the Supreme Administrative Court in Appeal No. 4176/57, Session of 23/10/2010.
XXXIX. Ruling of the Supreme Administrative Court in Appeal No. 15232/53, Session of 27/12/2008.
XL. Ruling of the Supreme Administrative Court in Appeals No. 5545, 5742, 2949 and 33299/55, Session of 23/10/2010.
XLI. Ruling of the Egyptian Supreme Administrative Court in Appeal No. 1193/33- Session of 24/1/1961.
XLII. Ruling of the Egyptian Supreme Administrative Court in Appeal No. 2993/31- Session of 14/4/1990.
XLIII. Ruling of the Egyptian Supreme Administrative Court in Appeal No. 17/37- Session of 20/1/1991.
XLIV. Ruling of the Egyptian Supreme Administrative Court in Appeals No. 2514/35 and 1819/36, Session of 3/5/1993.
XLV. Ruling of the Egyptian Supreme Administrative Court in Appeal No. 2257/32, Session of 9/8/1998.
XLVI. Ruling of the Egyptian Supreme Administrative Court in Appeal No. 680/44, Session of 26/6/2003.
XLVII. Ruling of the Egyptian Supreme Administrative Court in Appeals No. 2653 and 2735/29, Session of 12/12/1987.
XLVIII. Ruling of the Egyptian Supreme Administrative Court in Appeals No. 8913 and 7356/49, Session of 7/5/2005.
XLIX. Ruling of the Egyptian Supreme Administrative Court in Appeal No. 3147/46, Session of 3/3/2005.
L. Ruling of the Egyptian Supreme Administrative Court in Appeal No. 1461/24, Session of 11/12/1993.
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