Lawsuit for Appealing the Cancellation of Administrative Decision

Abstract

This study dealt with the lawsuit to cancel the administrative decision because it is closely related to the public interest, besides, public and private freedoms of people. Also, there are also a large number of people affected by administrative decisions who are ignorant of the procedures for filing an administrative appeal. The study aimed to explain the concept of the appeal to cancel the administrative decision, explain the concept of the administrative decision and the reasons for filing the cancellation lawsuit for the administrative decision with clarifying its terms, and indicate the conditions that must be met in the administrative decision and the decisions that may be appealed. The study followed the inductive descriptive-analytical, and comparative approach and reached to a number of results, the most important of which are: The appeal is canceled if the appellant does not have a personal interest in the appeal. Also, it is not permissible to appeal the administrative decision which has effect has disappeared or its purposes have been fulfilled before filing a rescission lawsuit. In addition, it is forbidden to appeal against a decision that does not generate legal effects. Besides, it is not permissible to challenge the appointment of holders of constitutional, federal and state positions, ambassadors, and declaring war. Moreover, unlawful administrative decisions may be withdrawn. The study reached to a set of recommendations, the most important of which are: The competent authorities should spread the culture of appeal by canceling administrative decisions. Also, the Sudanese legislator should work with the dual judicial system in cases to appeal the cancellation of the administrative decision and specify decisions that may not be challenged (sovereignty), especially in the appointment of occupants of sovereign and leadership positions.