English abstract
This letter included the study of the administrative counter-decision in the
Omani and Jordanian legislation, through the statement of what the counter-decision
is, the data of the most important guarantees of issuing the counter-decision, and the
implications of issuing it, because of the extreme seriousness of this decision, which
leads to the implicit cancellation of individual rights generated from legitimate
administrative decisions.therefore, the researcher began in the introduction of the
study by prefacing the subject of the research, and then addressing the subject of the
study in two chapters addressed by the researcher as follows First: what is the
administrative counter-decision. The second is the competence and procedure in
issuing the administrative counter-decision in the Omani and Jordanian
legislation.
The study sought to analyze the administrative judicial rulings issued by the
administrative judiciary of the countries under study, in addition; the study indicated
the jurisdiction and procedures followed when issuing the administrative counterdecision taken by the Omani and Jordanian legislations, while indicating the most
important legislative guarantees when issuing the administrative counter-decision in
the countries under study, as well as the position of both the Omani and Jordanian
administrative judiciary in activating those guarantees in order to provide more legal
guarantees to protect the rights and interests of individuals from administrative
arbitrariness, with a statement of the principles deduced from the judicial rulings.
The researcher came to a set of results from the study, the most important of
which are: the researcher came to the conclusion that illegal administrative decisions
are outside the scope of applying the counter administrative decision, and one of the
most important recommendations that the researcher derived from this study, the
researcher recommends obliging the management to apply the general principles of
law; in the absence of a legal text that obliges the management to follow the forms
and procedures.