Legality and invalidity of administrative acts
Legality and invalidity of administrative acts a necessary condition for the administrative act to create legal effects is its legality. The bodies, which deal with executive ordering activity, are obliged by law to carry out its orders for the acts issued by them to bring the desired legal consequences. Failure to comply or ignore the rules of law leads to the illegality of the administrative action.
The requirements required by law, which determine the legality of administrative acts, are not conditional on each other. I emphasize that the violation of one of them is enough to serve as a cause to invalidate the show in its entirety. The elements that are characterized as necessary are those related to the competence of the body, the procedure it must follow, and the exact compliance of the act with the content and purpose of the law. Despite the observance of the criteria required by law for the legality of administrative actions, the illegality of acts in organizational activity is a phenomenon that is not easily avoided.
As a result of the opposition to legal measures, administrative disputes are realized mainly in 15 executive and judicial review. The degree of the illegality of legal acts depends on the place that the body occupies in the general system of administrative bodies. Unlawfulness or this violation of the principle of legality requires at the same time the recognition of certain legal conditions or requirements that determine the validity of the administrative act. Regular. The invalidity of the executive action should not necessarily be related to its irregularity.
An administrative act’s irregularity may be influenced by the unfair or inappropriate assessment of situations, circumstances, conditions, moment, time, or manner of issuing the action by the administrative body. The irregularity of the act is not the same as its illegality. The peculiarity of the show is more a matter of opportunity than a matter of law. It does not, in any case, affect the validity of the act. The administrative body has the right to eliminate the irregularity observed in the show without violating its legality elements. Abnormality of the executive action may be subject to administrative review but may not be subject to judicial review. This is also a significant difference between the two types of thinking.
Invalidity is a legal state of illegality created by the public administration body through the incorrect implementation or due legal will that appears in the concrete administrative act or action. The invalidity of the administrative act is related to the illegality, but it should never be confused with the act’s irregularity. We have two cases of invalidity of the absolute and relative act.
According to the Code of Administrative Procedures, we have two types of invalidity of the administrative act; relative and absolute.
We consider the administrative act invalid. We concertize it due to the essential violation of the law. It does not have the legal force of a good act, and objectively, it is considered as if it did not exist for any moment. In this case, administrative actions invalid, as those issued in flagrant violation of the law.
1-The administrative act will be considered absolutely when issued by an unidentified administrative body and which is not recognized as such. For a body to be deemed to be recognized by law, it must be equipped with powers of power, be competent for the concrete administrative activity it will perform and have the appropriate administrative, organizational structure.
2- The administrative act is issued by an administrative body more than the limits of its competencies.
Each administrative body is determined by law or sub-legal act of competence for the field it covers to exercise the rights and duties within the respective jurisdiction. The exercise of powers beyond the limits of the law violates the principle of legality. Consequently, the actions or administrative acts that result from this free and arbitrary activity necessarily lead to their legal invalidity.
3- When the act is issued in contradiction with the form and procedure required by law. Adherence to the state and method of giving administrative action is essential for determining its validity. Violation of form and function can occur in different ways. Still, it is necessary to understand that not all violations lead to the act’s absolute invalidity. Only those that have been done flagrantly, which means that disrespecting the elements should be of such importance that they have directly influenced the administrative act’s issuance.
The correction of material errors in an administrative act is done at any time, by the public body, mainly or upon request, which can correct the typographical errors, calculation errors, and other apparent inaccuracies. The public body also has the right to request the return of the written administrative act that is being corrected and any unified copy thereof.