The deadline for appeal to cancel the illegal administrative decision in Yemeni law

Abstract

The administration exercises its duties in accordance with the law, and administrative decisions are considered one of the most important of these acts that it undertakes, so they must be issued properly in accordance with what is called (the principle of legality) (1), meaning that they are issued by a competent authority and under the conditions specified for it by this law, and in the event of If the administration violates these conditions, its decision will be considered defective and subject to revocation
The deadline set by law (2).
The subject of the study comes in the absence of a special legal text that sets a unified date for appealing the claim of revocation in the Yemeni law, which is considered recent. The deadline for annulment action is not only a procedural condition, but its expiry has objective effects, as it is considered one of
Terms of acceptance.
Some have defined the time limit for appeal on the claim of annulment as “the deadline or the time limit set by the law for carrying out a specific work, so that if this deadline expires, this work will not be performed (3). The deadline for appeal for cancellation can be defined as «the period of time specified by him
The law through which the person has the right to appeal the annulment of the administrative decision. Determining a date for filing an annulment lawsuit represents the extent to which the legislator is keen to stabilize the legal positions of all parties, as it is one of the rules related to public order that the parties may not agree to violate, and the judge may not - after the deadline has passed - accept an appeal against it. The emergence of the annulment lawsuit dates back to the founding of the French Council of State in the eighteenth century (4), while Islamic jurisprudence knew the annulment lawsuit early (5), as the judge (Jamil bin Al-Hadher Al-Baji) - during the reign of Caliph Umar bin Abdul Aziz - canceled Qutaiba’s decision Ibn Muslim) the judge to enter Samarkand without choosing its people between Islam or tribute, but he took the third option, which is fighting, and the judge ruled (all) to expel Muslims from Samarkand. As for the deadline for appealing the lawsuit, the Yemeni legislator adopted the concept of statute of limitation in Islamic jurisprudence, which is represented in not hearing the lawsuit due to the lapse of time. The annulment lawsuit is one of the most recent lawsuits before the newly established Yemeni administrative judiciary. The importance of the subject of the study is concentrated in both the theoretical and practical aspects. General and abstract does not keep pace with the activity of the administration, and thus created special rules and principles of administrative law, so that it has a special legal system that is not codified, independent, and is characterized by flexibility, and has a judicial origin (6), and the theoretical importance of the subject of research increases with its direct reflection on the practical importance, so the nature of the subject The dispute in the case of annulment requires a speedy decision regarding it in order to ensure the stability and stability of the administrative situation, and to prevent damage that may be caused to the interests of the state and its various agencies, which leads to disruption in the workflow if its administrative decisions are left threatened with cancellation and disappearance for a long period or indefinitely. A deadline related to public order, so that the judge can raise it on his own, even if the administration does not adhere to it, and at any stage of the case, and it is not permissible to agree between the administration and individuals to extend its period. Its importance increases - also - in a society whose members are ignorant of the truth about this lawsuit and its procedures, so they are unable to file a lawsuit in the specified time, and then their rights are lost.
The absence of a legislative organization for a general date for appealing to annulment in Yemeni law has led to the emergence of legal problems, represented by some questions about what are the dates for appealing to annulment? And what are the exceptions to it? What are the penalties for violating these deadlines? And when do those dates start?
And how to calculate it?
In order to get acquainted with the various difficulties raised by the issue of the deadline for appeal by cancellation in the Yemeni law and judiciary, we must - first - determine the date for appeal by cancellation in (Chapter One) of the study, up to how to calculate this deadline in (Chapter Two).

The deadline for appeal to cancel the illegal administrative decision in Yemeni law