Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The provisions for the administrative decision issued by passing on. An analytical inductive study compared to some other systems

Author(s): Majed Ahmed Saleh Al- Adwan

This research aimed to define the administrative decision issued by passing on and the legal implications of it, as an attempt to find the legal dye, which treats this kind of decisions if it issued by the competence holder, by providing a realistic picture and a clear process for it, aimed to enrich the legislative side. This study revealed that the general principle makes it obligatory for government agencies in the country to make their administrative decisions After discussion and scrutiny according to a meeting to be held for this purpose. The exception to this principle is to take administrative decisions by approval or passage. And it is resorted to through clear and legal procedures, when discussing the administrative decision and voting on it, leading to the requirement that unanimity be achieved in voting, as a member objects to this decision, it is nullified. The high Administrative Court in Egypt has kept pace with the judicial development in the field of administrative decisions issued by passing on, clarifying in its provisions that this type of decision should not be issued except by consensus, which is considered subjective and based on the decision itself ,And a cornerstone of its establishment, it is something the study commended. Nevertheless, the administrative judiciary in most countries of comparative law has not been subjected to this type of administrative decisions, neither from near or from afar, Without legal wording of its own or an indication of its practical or legislative existence. And due to its importance and the pursuit of its followers in our present time, the study called for its consecration and legislative provision in line with the legislative and administrative development. By following an inductive comparative analytical approach, the topic came in two sections. The first concerned with stating the nature and characteristics of the administrative decision, and the second focused on the legal aspects of the administrative decision issued by passing on.

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