الملخص الإنجليزي
Our study of the topic of this dissertation examined the system of staying the execution of an administrative decree and the competent court concerned as well as clarifying the administrative decree that is the subject to staying, then illustrating the conditions requisite to accept the claim and looking into it and how to enforce the judgment and appeal it.
And the goal of this study is to illustrate the benefits of the stay of execution and the viability expected from the admission of it in the Sultanate of Oman, and then illustrating whether there are any deficiencies or disadvantages that must be avoided to make it more effective, in addition tot the desire to illustrate to the public the importance of this system and clarifying the conditions and procedures required when applying for the stay.
The system of staying execution is provided for in the law of Administrative Court promulgated by Royal Decree number 91/99, as an exception to the principle non-standing condition in an appeal for the purpose of creating a balance between the public interest the requires the execution of administrative decrees directly and immediately upon its issuance to ensure the smooth running of public utilities and between private interest that require the provision of immediate judicial protection to protect the rights of individuals if it becomes clear from documents the illegality of appealed decisions and that their performance will damage those individuals.
The stay of execution is considered one of the fast track request for which the court looks into urgently and decides to stay the execution so it decides to stay if the required conditions exist and which are that the applicant submits his application in the statement of claim and appeals it on the basis of inappropriateness of decision; the issue is to be dealt with urgently; the seriousness of the issue must be verified.
The study concluded in many recommendations, the most important of which is to look into, from a legislative perspective, allowing the applicant to submit an application after raising the claim if he has an interest in the claim after raising it and before the submission is closed, and also to specify a time limit not exceeding one week in which the court should adjudicate upon the claim, in addition to specifying another short time period for appealing the decision of staying the execution within 15 days from the date of issuing the decision.
