Judicial Control Over Negative Administrative Decisions in the Saudi Legal System

Abstract

In this study, we discuss the negative decision concept as the legal characterization approved by the Law for Administration's abstention or refusal to issue a decision, which is obligated to give in accordance with the laws and regulations. The study aims to determine the possibility of challenging its negative position and re-coursing if the Administrative Authority fails to perform its duty or Circumvent Law in a manner that prejudices individuals’ interests. We have clarified that every silence or abstention from Administration is not a negative decision. Rather, it is required that the Authority of Administration should be restricted upon its silence or refrain from doing as per legal requirements. Further, the negative administrative decision is a legal characterization that is not embodied in a material form, and its issuance is not subject to formal and statutory rules established for issuing explicit decisions. Therefore, it does not need to be announced to be effective in facing individuals. It is also characterized by several characteristics that distinguish it from other decisions. For example, a negative decision of the Administration may be appealed by an annulment suit after the grievance to the Administrative Authority and fulfilling the annulment lawsuit conditions. In addition, compensation for a negative decision could be obtained through a compensation claim if the damage results from Administration's failure to perform its legal duty.

Received: 8 August 2022 / Accepted: 12 October 2022 / Published: 5 November 2022