The extent to which it is permissible to suspend the implementation of a negative administrative decision and rule to cancel it ' a comparative study'

This research aims to examine the problem of stopping the implementation of a negative administrative decision and the dispute that has been raised regarding it between jurisprudence and the judiciary. The research also deals with the implementation of the judicial ruling issued to cancel the negative decision, and an explanation of whether the ruling achieves the required legal effect in itself, or whether the administration must intervene, and a statement of the position of the comparative administrative judiciary. From that, and comparing that with the position of the Yemeni judiciary. The research relied on the descriptive and analytical approach to the legal texts related to the subject in light of jurisprudential theories and by referring to judicial rulings, in addition to using the comparative approach, in order to compare what the administrative judiciary in the French system has reached with the Egyptian judiciary in the subject of the study, with the aim of benefiting from that in the system. Yemeni. The study reached a number of results, the most important of which is the permissibility of halting the implementation of a negative administrative decision if the legal conditions for that are met. The study also concluded that implementing the judicial ruling issued to cancel the negative decision requires the issuance of a positive administrative decision by the administration that refused to issue this decision when the concerned party approached it. Among the most important recommendations presented by the study is the call on the Yemeni legislator to regulate the procedures for appealing administrative decisions in general (negative and positive), including regulating the suspension of their implementation, and explicitly stipulating that it is permissible to halt the implementation of a negative administrative decision if its implementation results in irreparable damages. The study also recommended expanding the judge’s powers. Administrative in directing orders to the administration, as well as imposing a threatening fine on the administration when it refrains from implementing the ruling, and benefiting from the experience of the French system in this regard.