English abstract
Title : Passive Administrative Decision This research deals with the subject of (Passive Administrative Decision) which is one of the most important administrative decisions. It occurs when the administrative department refuses or refrains from taking any procedure which is supposed to be taken according to law. This has legal significance because it is associated with two important issues: First, the respect to the principle of legislation, and second, protecting individuals from passive attitude of the administration. This research is divided into the following chapters:
- Introductory chapter about the concept of passive administrative decision - First chapter is about the conditions and pillars of the passive administrative decision - Second chapter dealt with the applications of the passive administrative decision - Third chapter is about the impugnation against the passive administrative decision The main objectives of this research is to show the passive administrative decision as an important aspect of the administrative decisions, to determine its legality, to explain its nature, conditions, and its form and subjective pillars. In addition to that, the passive administrative decisions will be distinguished from other similar administrative decisions such as implied administrative decisions, and the impacts of that. Also, the scope of its application will be explained in details and how it is subjected to the general provisions regarding annihilation of administrative decisions or what is termed in Oman as lawsuit of verifying the soundness of administrative decisions. Furthermore, the possibility of cassation, in terms of nullifying and compensation, of such type of decisions will be also discussed, and how the execution of such decisions may be suspended. For answering these questions, I approached Oman Administrative Court and referred to some legal texts relating to the passive administrative decision in the law and regulation applicable in Oman, the opinion of the comparative legal jurisdiction as well as the applicable Egyptian and French laws.
The research shows that the passive administrative decision has been handled by Omani legislator and it occurs within the capacities of the Administrative Court. Item (1) of the Court's law which was promulgated by Royal Decree no.(41/1999) stated in its second half and as per amendment by Royal Decree no.(T/T-4) that " The refusal of concerned administrative authorities to take decision which is supposed to be taken as per laws and regulation is inclusive in the administrative decisions described in terms no.(1.1) of this term".
The research concluded to a number of outcomes and recommendations, most important of which is to show the nature and conditions of passive administrative decision and the timing for appealing its cassation. The research concluded the responsibility of the administration about its passive decision and that it should be subject to the general rules regarding its cassation except timing which is supported by the Omani administrative judiciary. Also, we dealt with the attitudes of compared administrative judiciary regarding seizing execution of passive decision, and when the administrative becomes responsible for compensating against damages caused by its passive decision in particular its refusal or decline to execute the judiciary provision including cassation provisions.
