English abstract
Administrative jurisprudence and judiciary considered the application of the
principle of non-retroactivity of administrative decisions a justification for preserving
stable rights and legal positions, as the public interest dictates that individuals should not
lose confidence and security regarding the stability of their rights and legal positions that
have been previously settled under the application of former legal systems, except based
on a law or a judicial ruling that permits retroactivity.
This study employed an analytical approach to examine legal texts and judicial
principles concerning the non-retroactivity of administrative decisions, and utilized a
comparative method to analyze the legal systems of Oman, Egypt, and Jordan. It revealed
the perspectives of legal scholars and established judicial rulings on the concept and
justifications of this principle. It also explored the stance of legal doctrine and
administrative judiciary in the studied countries regarding the consequences of violating
this principle. Additionally, the study delved into the concept of retroactive effect of
administrative decisions, its conditions, and analyzed appointment decisions as a practical
application of retroactivity in the Sultanate of Oman, and it clarified in its latter half the
exceptions to the principle of non-retroactivity of administrative decisions, concerning
legislative provisions permitting retroactivity, or based on the nature or necessity of
administrative decisions. It addressed retroactivity based on the administration's authority
to revoke its decisions, as well as judicial revocation through annulment judgments.
The study concluded that the principle of non-retroactivity of administrative
decisions is a constitutional principle and one of the most important general principles of
law. The judiciary in the studied countries embraced the broad jurisprudential concept of
this principle, as well as the modern theory of the retroactive effect. Additionally, legal
security reinforces the principle of non-retroactivity of administrative decisions by
instilling a sense of reassurance among stakeholders that their acquired rights and legal
positions will not be compromised.
The study concluded with, it suggested the establishment of a specialized judicial
body for legal opinions, legislature refrain from including retroactivity except within
narrow limits and primarily for the benefit of individuals. Additionally, it suggested
including transitional provisions in any law or regulation project. Lastly, it proposed
amending the Omani Official Gazette Law to include the publication of laws, regulations,
and decisions using modern technological means for accessibility by individuals.
