The Lawsuit for the Annulment of Administrative Decisions and its Judicial Applications in the Yemeni Legal System: A Comparative Study

Abstract

This study seeks to analyze the lawsuit for the annulment of administrative decisions within the Yemeni legal system through a comparative study of the judicial systems in Yemen and Egypt. The study analytically addresses the concept of annulment lawsuits and their legal nature, and the conditions that must be met for their acceptance before the judiciary, which include conditions related to the lawsuit itself, such as interest, standing, and capacity, as well as procedural conditions such as specified deadlines and the absence of parallel appeal methods. The study also reviews the defects that may affect administrative decisions and make them subject to annulment, dividing them into formal defects represented by lack of jurisdiction and defects in form and procedures, and substantive defects, including defects in cause, subject matter, and purpose. The study adopted a comparative approach to analyse judicial applications in both countries and an analytical approach to examine judicial rulings and relevant legal texts. The study concludes that annulment lawsuits are among the most important mechanisms of judicial oversight over public administration activities, and that they play a fundamental role in achieving the principle of legality and protecting individual rights from defective administrative decisions, while providing recommendations for developing the legal and procedural environment related to these lawsuits.