The Compulsory Implementation of Administrative Decisions: A Comparative Study

Abstract

The administrative decision is considered one of the legal means resorted to by the administrative authority when providing public services or managing public facility operations. This administrative decision must be compatible with the provisions of the principle of legal legitimacy, ensuring that it does not have any defects that would make it susceptible to being challenged for annulment before the administrative judiciary or characterized by a serious defect that renders it non-existent. The issuance of the administrative decision in its correct form adds the attribute of enforceability to it, so that the administrative authority remains responsible for taking measures to implement it in accordance with the provisions of the law and the public interest's need for its implementation. Whether the need is regular, within the normal timeframe, or there is an urgent necessity that requires the administrative authority to intervene directly to implement the decision with the utmost speed. When the administrative authority sees that delaying the implementation of the administrative decision may affect the interest it intended to achieve by issuing it, it undoubtedly has the right to intervene directly by imposing measures to enforce it forcefully. It can seek assistance from the regulatory and security authorities, which the administration requests to intervene in the implementation of its administrative decision. Therefore, compulsory enforcement of administrative decisions may be justified in cases of urgency perceived by the administrative authority as a justification for imposing the enforcement of administrative decisions forcefully and without permission from the judiciary. Additionally, if a person is prevented voluntarily from implementing the administrative decision, the administrative authority is empowered to intervene directly and enforce the administrative decision compulsorily.