ALRAQABA . ISSUE 15
9
Among the established rules, an innocent
person should not be condemned for an
uncommitted deed. In this respect, one shall
not hold another person accountable for
anything unless otherwise proved with conduct
or a discourse. When something is considered
“nothing,” stalling and refraining from taking
action is likely to occur. Nothing does not lead
to something; therefore, if an administration
refrained from taking action or responding to a
request, its action may not be considered an
approval or rejection.
This notion results in drastic consequences
such as violating the rights of individuals.
An administration may take this route when
individuals propose having a solid right for
them. The administration, in this case, may keep
silent and refrain from responding or expressing
an opinion about this request; the following
outcome is produced: The individuals failed
to enjoy their rights, and they are not permitted
to resort to court against the administration’s
rejection, which is considered an administrative
decision. The decision in this context is when
an administration is obliged to express its will
concerning a specific matter to make a legal
impact. In this scenario, the management did
not express any notion (neither approval nor
rejection); therefore, the principle of validity
is considered null. The judicial control is
perceived as invalid since the management has
taken an adverse stance.
To avoid this problem and protect individuals’
rights against the administration’s actions, the
notion of “adverse administrative decision”
came into existence. It is an administrative
decision of rejection that is assumed to be
issued hypothetically by the management.
The concept of an adverse administrative
decision may be confused with other external
administrative actions, i.e., not taking any action
at all. To elaborate further, we shall divide
this research into two main parts. The first
section discusses the concept of the adverse
administrative decision. The second section
addresses its merits and how it is different from
the other administrative decisions.
Adverse Administrative Decision:
Its Definitions, Traits, Differences,
and Similarities
Abdul Rahman Al-Oumi
Associate Auditor, the Pre-audit on Economic Affairs Department
Legislations
