Urgent requests and their impact on the principle of non-suspensive effect for appealing the cancellation claim

Abstract

This study deals with the subject of urgent requests before the annulment judiciary to stop the implementation of administrative decisions and their effect in principle on the non-suspensive effect of appealing the annulment claim, as it is certain that merely submitting the urgent request to the judiciary does not result in stopping the implementation of the decision to be annulled, but the court may in specific cases It may order a suspension of its implementation if the plaintiff requests this in his lawsuit and the court considers that the consequences of implementing the contested decision may be irreversible. It appears from the reality of the situation that the wisdom behind this exception is, It is that the implementation of the contested decision may result in serious damages that cannot be remedied before the case is decided, and it may not be feasible to compensate the injured person by the administration in the event that its decision is proven to be wrong, and thus proceeding with the cancellation case becomes useless and merely a moral matter even if it is completed. Cancellation of the decision. If the contested administrative decision is implemented by cancellation, it will have served its purpose. Note that halting the implementation of the contested decision to cancel has no automatic effect in filing a lawsuit for cancellation, but rather certain controls and conditions must be met, and this is what we will discuss in the context of this study.