English abstract
This study reviews the concept of stopping the implementation of
administrative decisions, with an indication of the effects of the endowment
in the event of a ruling by the administrative judiciary. Then the
administration focuses on the condition of seriousness, which is intended
to give precedence to the judge, through the apparent papers submitted
in the request for stay of execution, and through the reasons presented by
the challenger to the decision that the court's greatest tendency is to the
illegality of the administrative decision when deciding on the annulment
lawsuit With an explanation of the means by which the administrative judge
can verify the availability of the seriousness condition, which is to examine
the evidence submitted by the appellant to the decision to request a stay of
execution, as well as the administration's failure to respond to the evidence
and seek the assistance of experts' work in that, and in the end the study
reviews the discretionary space that the administrative judge enjoys When
examining the condition of seriousness by informing him of the appearance
of the application papers and not to be exposed to the origin of the right
in the cancellation lawsuit. The study has reached several important
results and proposals that contribute to enriching administrative legislation
and judicial jurisprudence in the future, where the Omani judiciary can
consider finding new and advanced ideas to stop the implementation of
administrative decisions such as conditional and partial stays or linking the
submission of a request for a stay of execution to a financial guarantee while
giving the Omani administrative judge sufficient space. Through it, he can
estimate the condition of seriousness, but in a balanced manner consistent
with the facts presented to him, without limiting the judge's discretion.
