The Extent of Administrative Authority In Withdrawing Regulatory Administrative Decisions

Abstract

This study focuses on the administrative authority to withdraw regulatory administrative decisions. The administration performs its functions in accordance with the public interest, and one of its tools is regulatory administrative decisions. However, necessity may sometimes require the withdrawal of these decisions. This study attempts to address this topic, beginning with the concept of regulatory administrative decisions and examining the nature of their withdrawal and the controls governing such decisions. It then delves into the details related to judicial interpretations that have defined the scope and basis of withdrawal decisions, and the administrative authority in this regard.

Administrative regulatory decisions are those that contain general, objective, and abstract rules applicable to a number of individuals, not specifically identified. For sound regulatory decisions that have not yet been implemented, the legal means of terminating them administratively is cancellation, not withdrawal. This is because they have not produced any past effects that would warrant retroactive withdrawal; rather, the issue concerns only their non-application to the future. Even if they have already been implemented, while they do not directly confer rights on anyone due to their general and abstract application, individual decisions issued in implementation of them do directly confer rights on individuals.

Unlawful administrative regulatory decisions provide ample scope for administrative authority to withdraw them. Both Iraqi and Egyptian jurisprudence and legal scholars agree that the administration can withdraw unlawful administrative decisions issued in violation of the law, whether they are regulatory or individual decisions. Thus, whenever such administrative decisions are issued in contravention of the law, the administration has the right to withdraw, cancel, or amend them.

This study has concluded that an administrative regulatory decision may be withdrawn if it does not establish rights for individuals or create legal positions. Furthermore, the administrative authority may withdraw its regulatory decisions in accordance with the public interest. This is because the rules established by a regulatory decision are not intended to be permanent but are governed by the requirements of the public interest, which may necessitate their development through administrative intervention, as the effect of regulation is limited to the future.