The Extent Of Application Of The Theory Of Administrative Counter-Decision and Its Legal Ground

Abstract

This research examines the theory of administrative counter-decision and its application. It aims to address the effects of mistaken or unlawful administrative decisions by issuing a subsequent decision that contradicts the original decision in substance or effect.

This research has shown the legal ground of the administrative counter-decision, and through it you can understand that the administrative counter-decision where it differs from withdrawal or cancellation decisions, as it is considered an explicit will of the administration to confront the previous decision and deal with its consequences. This research has reviewed some judicial and jurisprudential opinions, as it is a matter related to the acquired rights of the beneficiary individual or employee. The research concludes by reviewing judicial applications and aspects of judicial oversight regarding the extent to which the administration can implement this decision. This must be done with caution and in accordance with strict controls to avoid compromising the principles of legal legitimacy and protecting individual rights.