Stopping implementation of administrative decisions in Saudi regulation

Abstract

This study deals with stopping implementation of administrative decisions in Saudi regulation, as it aims to clarify the concept of stopping implementation of administrative decisions, and their justifications, as well as clarifying the conditions for it that are contested on the grounds of cancellation. Execution of the contested administrative decisions on the grounds of cancellation, through a statement of the timeliness of the judgment issued in the request to stay the implementation of the decision, its evidence, and its appeal.To clarify this issue, the study will depend on the descriptive and analytical method to describe and analyses legal texts, judicial decisions and jurisprudential opinions related to the subject of the study.The study concluded that the request to stop implementation of the contested decision on the grounds of cancellation is an urgent request submitted to the Saudi Board of Grievances to protect the interests of individuals and employees from management decisions, the privileges and powers granted to it from legal texts to achieve the public interest, until the final decision is made in the annulment case. An exception to the general rule, because the implementation of administrative decisions has consequences that harm some individuals and employees to whom the decisions of the public administration address, so they are entitled to an exception to submit a request to temporarily suspend their implementation.The department competent to decide on a request to stop implementation of administrative decisions does not respond to this request except when certain objective conditions are met, which the administrative judiciary is strict in their availability, which is the condition of urgency, and the annulment lawsuit is based on serious reasons. Therefore, with the availability of these conditions, the Saudi administrative judiciary has the right to stop implementation of administrative decisions through the judicial decision issued in this request.In its judicial decision, the Board of Grievances emphasizes the temporary nature of the judicial decision issued in the request for a stay of execution, as is the case for summary judgments, in addition to that it is a final judgment that has the elements and characteristics of judgments, so it possesses the power of the thing judged in the order in which it was issued. Temporary judicial proceedings pending a decision on the annulment lawsuit, as it possesses relative authority due to its urgent nature.Finally, if the court ruling in the annulment case is rejected; the judgment issued for the stay of execution expires and becomes as if it was not issued, but if the judicial judgment is issued to cancel the administrative decision, this means the continued enforcement of the judgment of stay of execution.